What is the Crime of Theft in Arizona, A.R.S. 13-1802?
Theft in Arizona, A.R.S. 13-1802, occurs when a person knowingly takes someone's property or services without authorization in the following circumstances:
- Controls property of another with the intent to deprive the owner of the property, or
- Converts for an unauthorized term or uses services or property of another entrusted to the defendant or placed in the defendant's possession for a limited, authorized term or use, or
- Obtains services or property of another by means of any material representation with the intent to deprive the other person of such property or services, or
- Comes into control of lost, mislaid or miss-delivered 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, or
- Controls property of another knowing or having reason to know that the property was stolen, or
- Obtains services known to the defendant to be available only
- for compensation without paying or an agreement to pay or
- diverts services of someone to the person's own or another's benefit without authority to do so.
A theft crime can be committed in many different ways. Likewise, the penalties for a conviction on a theft crime will vary. The more serious the theft and the higher the value of the item taken, the more likely the penalties will be harsher. When charged with a theft crime, many people want to take the first plea deal offered. This is risky because oftentimes, they could fight the charge or negotiate a better plea deal. If you are charged with a theft offense you want the best lawyer, a tough, aggressive and experienced. Attorney Brian Di Pietro has over 39 years of experience both as a prosecutor and criminal defense attorney with those who have been charged with crimes of theft.
Common Theft Crimes in Arizona
A theft crime is a general term used to describe offenses that involve the taking of another person's property without their consent and with the intention to permanently deprive them of it.
Common theft crimes include:
- Shoplifting - taking goods away from a shop without paying
- Larceny - taking someone's personal property
- Auto theft - theft of a motor vehicle
- Robbery - where the property is taken through the actual or threatened use of physical force
Depending on the seriousness of the allegations, theft crimes can be either a misdemeanor or a felony. Aggravating circumstances include the type of property taken, the value of the property, and the offender's previous convictions for similar offenses.
Each jurisdiction has its own specific theft statutes that define the specific elements of any given theft crime. It is always important to speak to a criminal defense lawyer in Maricopa County to understand the elements and consequences of the exact theft charge laid against you.
What are Penalties to the Crime of Theft in Arizona, A.R.S. 13-1802.
A conviction for a theft offense can also have long-lasting impacts on an offender's life beyond their sentence, especially in terms of finding employment. For example, a potential employer who runs a background check may view someone with a theft conviction as dishonest and be reluctant to hire them.
The penalty for theft in Arizona, A.R.S. 13-1802, is variable and depends on the value of the property taken as to the potential penalty. Some theft offenses are misdemeanor while others are felonies. When the theft of property or services is worth more than:
- Twenty-five thousand dollars ($25,000) it is a class 2 felony.
- Theft of property or services of four thousand to twenty-five thousand dollars ($4,000 to $25,000) is class 3 felony.
- If the theft is between three thousand dollars and four thousand dollars ($3,000 to $4,000) it is a class 4 felony.
- The value of a theft between two thousand and three thousand dollars ($2,000 to $3,000) is a class 5 felony.
- Property or services have a value of one thousand to two thousand dollars ($1,000 to $2,000) is a class 6 felony and
- Less than one thousand ($1,000) is a class 1 misdemeanor.
Possible penalties include:
- Restitution to compensate for the loss of property
- Community service
- Education classes
What are Defenses to the Crime of Theft in Arizona, A.R.S. 13-1802.
When defending the crime of theft in Arizona, it is important to determine the value of the taken property. This will establish the degree of felony for the crime pursuant to A.R.S. 13-1802. The value of the property is its fair market value at the time of the theft not what it cost new or its current replacement value. Fair market value is determined by what a willing buyer will pay for the item offered from a willing seller.
Some of the common defenses to the crime of theft, beside its value, include:
- Mere presence
- Insufficiency of state's evidence
- Mistaken identity
- Belief in ownership of claim of right
- Return of Property
Three Critical Reasons to Hire a Criminal Defense Lawyer in Maricopa County
You can successfully defend against theft crimes. But you cannot do it on your own. The laws are complex, the stakes are high, and you need someone with the expertise to develop a viable defense strategy.
With that said, here a five good reasons why you should hire our criminal defense lawyer.
- We provide the insight you cannot find online. We know everyone is googling answers for everything, and that includes criminal charges and defenses. Though you can find information on it, you cannot find information on how to best apply a defense in your unique case. There are critical nuances that can impact your case. We provide a real-life application to get results.
- We leverage the power of the prosecutor. The prosecutor determines whether a charge will be filed, whether a plea deal will be offered, and what will be in a plea deal. In cases where appropriate, we use the power of the prosecutor to negotiate better terms on your behalf. We can try to negotiate a deal that means reduced charges or lesser sentences, and this is especially important in theft crimes because the range of potential charges and punishment is wide.
- We are more than your criminal defense lawyer. As your lawyer, we will help you understand what's at stake, deal with all the deadlines and negotiations, and help you cope with your feelings throughout it all. You may feel fear, embarrassment, and anxiety. We know–we have seen it time and time again. But through our support and representation, we can alleviate some of the emotional issues may experience.
If you have been accused of committing a theft crime, you should speak to a theft defense attorney at Brian DiPietro Law, PLLC immediately.
Brian Di Pietro Law, PLLC Arizona Experienced Aggressive Theft Lawyer !
Contact Brian Di Pietro Law, PLLC today for a free case evaluation about your pending theft case charges in Arizona. Brian Di Pietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will use his combined experience as a prosecutor and criminal defense lawyer to work hard to fight the charges against you, and achieve the most favorable outcome for your particular theft charges. Contact now Brian Di Pietro Law, PLLC at 623-242-2655 for a free confidential case evaluation about your theft charges in Arizona.