Phoenix Theft Lawyer

Theft Attorney in Phoenix, AZ

Anyone who knowingly and without lawful authority obtains or controls the property of another with the intent to deprive them of it may be charged with theft under Arizona state law. However, what constitutes “knowledge” and “intent” when it comes to stealing from another person can be deceptively subjective. An experienced Phoenix theft lawyer can help.

It is not uncommon for residents of the Grand Canyon State to find themselves facing theft allegations for reasons they do not fully understand.

No matter what led to you being investigated for or accused of theft, retaining a knowledgeable Phoenix theft lawyer right away is crucial. These kinds of situations often make for evidence-intensive and time-consuming cases, and the support of a skilled Phoenix defense attorney can be vital to building a strong defense and presenting it effectively.

HOW STATE LAW DEFINES THEFT OFFENSES

According to Arizona Statutes §13-1802, there are several different actions that may constitute unlawful theft beyond just physically taking someone else’s property. Potential theft cases include:

• Using or converting someone else’s property or services for private use without authorization after they had been entrusted to the accused by the owner for a limited term or use.
• Keeping lost, mislaid, or misdelivered property while having the means of determining who the owner is.
• Obtaining property or services through “material misrepresentation.”
• Knowingly obtaining free services that were supposed to be paid for.
• Keeping property despite knowing or having reason to know it was stolen.
• Knowingly abusing a vulnerable adult’s trust to take control of their property

State law then differentiates between degrees of theft based on the financial value of goods, services, or property taken. Theft for property or services worth under $1,000 is known as “petty theft” and is considered a class 1 misdemeanor.

Theft of property or services worth over $1,000 constitutes felony theft and may be classified as a class 6, 5, 4, 3, or 2 felony based on the value of the stolen property. An experienced Phoenix attorney can offer further clarification on the categorization of a theft charge during an initial consultation. The theft rate in Arizona is 13.13 per 1,000 residents on average.

How Theft May Be Charged

Arizona law allows theft to be charged in ten different ways under A.R.S. § 13-1802, depending on how the property was obtained or controlled. Theft may involve knowingly controlling another person’s property with the intent to deprive them, such as taking merchandise without paying for it.

Theft charges may also arise from obtaining property by misrepresentation or controlling stolen property, even when you did not personally take it. Avoiding payment for services can also lead to theft charges.

Arizona laws also cover ferrous or nonferrous metal theft through controlling stolen metal and purchasing or selling ferrous or nonferrous metal in violation of the required controls that apply to scrap-metal transactions.

PENALTY RANGES FOR THEFT CONVICTIONS

Criminal sanctions for theft vary based on the value of the goods or services involved. When the property involved is valued at less than $1,000, the charge is considered misdemeanor theft. A first-time offender convicted of misdemeanor theft could face sanctions of up to six months in jail and a maximum $2,500 fine.

Importantly, though, a subsequent petty theft offense would be considered a class 6 felony for sentencing purposes. Theft of any firearm or of any animal taken for use in animal fighting is also considered a class 6 felony. These penalties matter in a state where 17,937 vehicles were stolen in 2020.

A first conviction for class 2 felony theft of more than $25,000 of goods or services could result in between three and 12.5 years in prison. This is the most severe theft charge. It is important to recognize that this sentence can increase with each subsequent offense. A skilled theft attorney can help a defendant in Phoenix understand the nature of their charges and build an appropriate defense.

Why You Should Hire a Theft Lawyer

Whether you live in Arcadia, Encanto-Palmcroft, or nearby Ahwatukee, the decision to hire a theft lawyer should be your top priority if you are facing theft penalties. The outcome of theft cases depends on your Phoenix theft attorney’s ability to show that the prosecution cannot prove that you possessed stolen property.

A larceny defense attorney can gather evidence to refute the state’s case or hold them to their burden of proof, so you do not face the serious consequences of a criminal conviction. Attorneys are skilled negotiators and investigators who are focused on protecting your rights and interests.

FAQs

Q: How Much Do You Have to Steal to Go to Jail in Arizona?

A: Theft of anything valued less than $1,000 is a Class 1 misdemeanor. Theft of property of $25,000 is a Class 2 felony. Anyone involved in the theft of property valued at $100,000 is not eligible for suspension of sentence or probation. Any of these charges can lead to confinement in jail or even prison. If you are fighting theft charges, you can work with a defense lawyer to beat or reduce the charges.

Q: What Evidence Is Needed to Prove Theft of Services?

A: Prosecutors need evidence to prove that someone committed theft. This may include surveillance footage of the theft or witness statements. The lack of billing data or communications from the suspect could also play a role in proving theft of services. Similarly, any communications indicating an attempt to return the items could be used to argue against theft charges.

Q: When Does Theft Become a Felony?

A: Theft can become a felony in Arizona when the value of the property or services is $1,000 or more. Theft of $1,000 to $1,999 is a Class 6 felony; higher values increase the class. Certain thefts are felonies regardless of value, including theft of a firearm, motor vehicle, or property taken directly from another person. Prior theft convictions can also elevate a misdemeanor theft to a felony offense.

Q: Do Police Actually Investigate Petty Theft?

A: Yes, police investigate petty theft, especially when there is clear evidence that a crime has been committed. Individual departments may have officers assigned specifically to investigate theft cases. When businesses seek action from the police, an officer may be assigned to determine whether a crime was committed and if there is a known suspect who can be questioned or arrested.

SEEK HELP FROM A PHOENIX THEFT ATTORNEY

Contesting allegations of criminal theft is rarely a simple endeavor. Even if you have exculpatory evidence that disproves the prosecution’s arguments, presenting that evidence in an effective way can be challenging without the help of a dedicated attorney.

Help from a Phoenix theft lawyer can make all the difference in your case and significantly increase your odds of achieving a favorable outcome. Our defense attorneys have extensive courtroom experience and know exactly what to expect from prosecutors in these cases. Contact Grand Canyon Law Group to learn more about how we can get to work for you.

Schedule A Consultation With The Grand Canyon Attorney Who Can Help

480-400-5555

Schedule A Consultation