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Understanding Trafficking Stolen Property Charges
At The Law Office of Daniel Hutto, we understand the seriousness of criminal charges related to trafficking in stolen property in the state of Arizona. If you or someone you know has been accused of this offense, it is crucial to seek immediate legal counsel from an experienced criminal defense attorney.
Here we provide an overview of the laws, penalties, and potential defenses related to trafficking in stolen property in Arizona, allowing you to make informed decisions about your case.
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What You Should Know About Trafficking In Stolen Property Laws in Arizona
Different Degrees of Trafficking in Stolen Property
“Trafficking in stolen property” refers to a criminal offense in Arizona which involves knowingly selling, transferring, distributing, dispensing, or otherwise disposing of stolen property. It also includes buying, receiving, possessing, or obtaining control of stolen property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of the property.
Under A.R.S 13-2307, in Arizona, the crime of trafficking in stolen property is divided into two degrees:
- First Degree: A person can be charged with first-degree trafficking in stolen property if they initiate, organize, plan, finance, or manage the trafficking operation. This charge is classified as a Class 2 felony.
- Second Degree: If the person knowingly sells, transfers, distributes, dispenses, or otherwise disposes of any stolen property or buys, receives, possesses, or obtains control of stolen property, they can be charged with second-degree trafficking in stolen property. This is considered a Class 3 felony.
Potential Penalties for Trafficking Stolen Property
In Arizona, penalties for Trafficking in Stolen Property offenses greatly depend on the degree of the charge, the value of the stolen property, and the perpetrator’s prior criminal record.
- First-Degree Trafficking in Stolen Property:
As a Class 2 felony, first-degree trafficking in stolen property carries severe penalties. For a first offense, an individual can face between 3 and 12.5 years in prison. If the individual has one prior felony conviction, the prison term can increase to between 4.5 and 23.25 years. With two prior felony convictions, the term jumps up to a range of 10.5 to 35 years. - Second-Degree Trafficking in Stolen Property:
Second-degree trafficking in stolen property is a Class 3 felony. Penalties for a first offense can include a prison term between 2 and 8.75 years. Individuals with one prior felony conviction can face between 3.25 and 16.25 years and those with two prior felony convictions can be sentenced between 7.5 and 25 years.
In addition to prison terms, individuals convicted of trafficking in stolen property can also face substantial fines. For Class 2 and Class 3 felonies, these fines can go up to $150,000 per charge, plus surcharges.
…being convicted of this crime also demands for the individual to pay restitution to their victims.
This means they must financially compensate the victims for their losses, which can include the value of the stolen property, related damages incurred, and even potential court costs and attorney fees.
The actual sentences imposed can be influenced by a variety of factors, including the offender’s prior criminal history, the value and type of the stolen property, the specific circumstances of the offense, and the strength of the case presented by the offender’s attorney. It is thus crucial to contact a defense lawyer for individuals facing these charges.
Defense Strategies for Trafficking in Stolen Property Charges
If charged with trafficking in stolen property in Arizona, it’s important to immediately consult with an experienced attorney who can develop an effective defense strategy. Some potential defenses include:
1. Lack of Knowledge: Attorneys can argue that the defendant did not know the property in question was stolen. This could involve providing proof that the defendant purchased the property from what appeared to be a legitimate source or that they had no reason to suspect it was stolen.
2. False Accusation/Mistaken Identity: The lawyer could argue that the defendant was falsely accused of the crime or is the victim of mistaken identity. They could provide evidence to support their client’s alibi or to discredit the prosecution’s evidence.
3. Insufficient evidence: Another possible approach is to question the sufficiency or credibility of the prosecution’s evidence.
4. Entrapment: In some cases, the defense might argue that law enforcement induced the defendant into committing an act they would not have committed otherwise, known as entrapment.
5. Chain of custody issues: If the prosecution cannot properly account for the evidence’s chain of custody, this could offer a potential defense.
6. Constitutional violations: If law enforcement violated the defendant’s rights during their investigation or arrest, such as conducting an illegal search and seizure, the attorney may be able to have the evidence excluded from the trial.
7. Involuntary Intoxication: If the defendant can prove that they were involuntarily intoxicated and lacked the ability to form the required mens rea (criminal intent), they could potentially use this as a defense.
Remember, each case is unique, and the most effective defense will depend on the specific circumstances of the case. Therefore, it’s essential to discuss one’s case with a knowledgeable attorney who can provide personalized advice based on the specifics of the situation.
How The Law Office of Daniel Hutto Can Help
If you are facing charges of trafficking in stolen property, it is crucial to have a skilled and knowledgeable criminal defense attorney by your side. At The Law Office of Daniel Hutto, we are committed to providing the best defense possible for our clients. Our experienced team will thoroughly analyze the details of your case, explore potential defense strategies, and ensure that your rights are protected at every step of the legal process. Call (602) 536-7878 today to schedule a free and confidential consultation to discuss your case and understand the best course of action.
