Per Arizona Revised Statutes §13-1802 “a person commits theft if, without lawful authority, the person knowingly 1.) Controls property of another with the intent to deprive the other person of such property; 2.) Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant's possession for a limited, authorized term or use; 3.) Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; 4.) Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person's own or another's use without reasonable efforts to notify the true owner; 5.) Controls property of another knowing or having reason to know that the property was stolen; or 6.) Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another's services to the person's own or another's benefit without authority to do so.”
There are different classifications for misdemeanor and felony theft crimes that result in different punishments. These include:
- § 13-1802 Petty theft – the theft of small amounts of money or property below $1,000. This is a class 1 misdemeanor.
- § 13-1802 Grand theft – the theft of large amounts of money or property exceeding $1,000. This is classified as a felony and can range from a class 6 felony for less than $2,000 to a class 2 if valued at $25,000 or more.
- § 13-1805 Shoplifting – the theft of removing or concealing merchandise from and establishment. This can be classified as a class 1 misdemeanor if the property is less than $1,000 to a class 5 felony if valued at $2,000 or more.
- § 13-1902 Robbery – theft committed threatening or using weapons or other force. This is classified starting at a class 4 felony and can increase to a class 2 felony if a deadly weapon is threatened or used.
- § 13-1506 Burglary – theft involving the unlawful entrance into another person’s property. This can range from a class 4 felony for burglary in the third degree to a class 2 felony for burglary in the first degree.
- § 13-2008 Identity theft – Theft of another person’s personal information, including name, address, social security number, or credit card information. This is classified as a class 4 felony.
If you have been charged with theft or a theft-related crime you could be facing stiff penalties. A first time conviction could land you in prison for years. Snell & Wilmer theft defense attorneys know theft can involve a lot more than simply taking property that does not belong to you. If you have been accused of a theft crime, it is imperative that you contact a criminal defense lawyer as soon as possible.
Theft Defense Attorneys in Phoenix
Our Phoenix theft defense attorney team includes, among others, a former U.S. Attorney, a former federal agency Inspector General, several former federal and state prosecutors, a former Trial Attorney with the Antitrust Division of the U.S. Department of Justice and former Judge Advocates from every branch of the military service. The firm is widely recognized and can leverage resources to address complex and sensitive issues.