What must a prosecutor prove to convict someone of shoplifting in Arizona?

The prosecutor must prove each element of the charge beyond a reasonable doubt. The prosecutor must prove the person went to a location that offered goods for sale and knowingly obtained the goods with an intent to deprive a person of those items. This could involve removing goods without paying, charging the price of goods to a fake or real person without their permission, transferring goods out of one container into another, paying less than the actual price by changing or substituting a price tag (“tag-swapping”), or concealing the goods.

Phoenix Shoplifting Lawyer

Q: What law covers shoplifting in Phoenix, Arizona?

Arizona’s shoplifting laws are found in Arizona Revised Statutes § 13-1805.

Q: What makes shoplifting a Class Five or Class Six felony in Arizona, and what are the prison ranges?

Shoplifting is a Class Five felony if the person allegedly stole over $2,000 worth of items, if the alleged theft was in the furtherance of gang activity, or if the alleged offense occurred three time within ninety days and the total value was $1,500 or more. A conviction for a Class Five felony can carry between six months and 2.5 years in prison. Shoplifting is a Class Six felony if the value of the items was between $1,000 and $2,000, or if the item stolen was a firearm, and it carries a jail sentence of .33 years up to a maximum of two years. These ranges only apply when a person has no prior felony convictions.

Phoenix Shoplifting Attorney

Shoplifting can be charged as either a misdemeanor or a felony, depending on the value of the items allegedly taken. In either case, it is crucial to take the charges seriously and seek representation from a diligent attorney. If you are accused of stealing something, you could face serious penalties as well as a criminal record that affects your life for years to come.

A Phoenix shoplifting lawyer at the Grand Canyon Law Group can advise you in your case and help create a defense tailored to the situation. Our former prosecutors know how to combat the case against you and protect your rights, freedom, and way of life.

For a free legal consultation with a shoplifting lawyer serving Phoenix, call 480-400-5555

SHOPLIFTING LAWS IN PHOENIX

The state’s shoplifting laws are found in Arizona Revised Statutes § 13-1805. This statute lists the different elements a prosecutor must prove to convict a person of the offense. Each element of a shoplifting charge must be proven beyond a reasonable doubt, which is the high legal standard used in criminal cases. The prosecutor must prove the person went to a location that offered goods for sale and knowingly obtained the goods with an intent to deprive a person of those items. This could involve:

Removal of the goods without paying for them
Charging the price of goods to a fake or real person without their permission
Transferring the goods out of one container into another
Paying less than the actual purchase prices by changing or substituting a price tag (“tag-swapping”)
Concealing the goods

If a person uses a container, instrument, artifice, or other article to facilitate the offense, there is a presumption that the person knowingly concealed the merchandise. The prosecution must prove that the defendant had the necessary culpable mental state for the shoplifting offense, making it crucial for anyone accused to combat allegations of intent with help from a skilled local attorney.

Phoenix Shoplifting Lawyer Near Me 480-400-5555

PENALTIES FOR A SHOPLIFTING CONVICTION

Shoplifting is typically a Class One misdemeanor if the value of the items stolen is less than $1,000. If an individual is convicted for a first misdemeanor shoplifting offense, they will face a maximum of six months in jail fines up to $2,500. They may also face a period of probation of up to three years.

Multiple misdemeanor convictions of the same type may result in enhanced penalties. It is crucial for those facing shoplifting charges in Phoenix to work with experienced legal counsel to prevent the accumulation of convictions.

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FELONY SHOPLIFTING

Shoplifting may be a charged as a felony under certain circumstances. The severity of the felony charges depend on several factors, as a knowledgeable lawyer at our Phoenix office can further explain.

CLASS FOUR FELONY

A shoplifting charge may be a Class Four felony if the person used an instrument, artifice, device, container, or other article to facilitate the offense. A person could also face Class Four felony charges if they have two prior shoplifting, theft, robbery, or burglary convictions within the last five years. A class four felony could lead to a minimum jail sentence of one year and a maximum of 3.75 years.

CLASS FIVE FELONY

Shoplifting is a Class Five felony if:

The person allegedly stole over $2,000 worth of items
The alleged theft was in the furtherance of gang activity
The alleged offense occurred three time within ninety days and the total value was $1,500 or more

A conviction for a Class Five felony can carry between six months and 2.5 years in prison.

CLASS SIX FELONY

Shoplifting is Class Six felony if the value of the items as between $1,000 and $2,000, or if the item stolen was a firearm. This offense carries a jail sentence of .33 years up to a maximum of two years.

It is important to note that these ranges only apply when a person has no prior felony convictions. Any prior offenses could significantly increase the penalties a person faces for a shoplifting offense. In any case, help from a dedicated Phoenix attorney can be essential to mitigate the potential shoplifting penalties.

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SPEAK TO A SHOPLIFTING ATTORNEY IN PHOENIX

If you are accused of stealing merchandise from a store, you are entitled to defend against these allegations with help from a persistent attorney. The legal team at the Grand Canyon Law Group can review your case and determine an effective defense strategy for the circumstances.

Let a Phoenix shoplifting lawyer tirelessly represent you throughout the legal process. Contact our firm today to learn how we can help protect your rights, future, and way of life.