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.
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What are Penalties to the Crime of Theft in Arizona, A.R.S. 13-1802.
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.
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
- Alibi
- Insufficiency of state's evidence
- Mistaken identity
Brian Di Pietro Law, PLLC Arizona Experienced Aggressive Theft Lawyer !
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