Being accused of theft can feel like your world has turned upside down. Whether it’s a misunderstanding, a mistake, or an unfortunate set of circumstances, facing criminal charges is stressful and overwhelming. In Arizona, theft charges are classified as either misdemeanors or felonies. The value of the property or services involved and the details of the alleged offense can significantly impact the severity of the charges—and the penalties you might face.
At the Law Office of Daniel Hutto, we bring extensive experience and a client-focused approach to every case. Daniel Hutto and his team are committed to thoroughly examining the details of your situation, crafting strong defenses, and advocating for the best possible outcome. Whether you’re facing misdemeanor or felony theft charges, we’re here to protect your rights, fight for your future, and guide you through the legal process with care and determination.
Here’s what this article will cover:
- The Difference Between Felony and Misdemeanor Theft
- Consequences of Felony Theft
- Consequences of Misdemeanor Theft
- Legal Defenses for Theft Charges
- Arizona Statutes on Theft
- 5 Frequently Asked Questions
- Contact a Criminal Defense Attorney From the Law Office of Daniel Hutto
How an Arizona Criminal Defense Attorney Can Help
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The Difference Between Felony and Misdemeanor Theft
The primary distinction between Felony Theft and Misdemeanor Theft lies in the value of the stolen property and the circumstances surrounding the theft. In Arizona, theft is classified based on the value of the goods or services stolen:
- Felony Theft: Typically involves property valued over $1,000. However, theft involving firearms or animals for commercial purposes can also be classified as a felony, regardless of value.
- Misdemeanor Theft: Involves property valued less than $1,000. These cases are considered less severe and carry lighter penalties.
Understanding these classifications is important, as the circumstances surrounding the theft—such as the value of the stolen property, the type of items involved, and prior criminal history—determine whether the charge is classified as a misdemeanor or a felony. For example, theft of property valued under $1,000 is typically a misdemeanor, while theft involving firearms, certain animals, or pro
Consequences of Felony Theft
Felony theft charges in Arizona are governed by ARS §13-1802, which outlines the actions constituting theft and the associated penalties. The severity of penalties for felony theft depends on the value of the stolen property or services, the circumstances of the theft, and the classification of the felony.
▶ Penalties Based on the Value of the Stolen Property or Services
- Class 2 Felony:
- Applicable when the stolen property or services are valued at $25,000 or more.
- Penalties include 3 to 12.5 years of imprisonment for first-time offenders, with longer terms for repeat offenders.
- Class 3 Felony:
- Applies to theft of property valued between $4,000 and $25,000.
- Punishment ranges from 2 to 8.75 years of imprisonment for a first offense.
- Class 4 Felony:
- Involves property valued between $3,000 and $4,000, or theft of specific items like a vehicle engine or transmission regardless of value.
- Penalties include 1 to 3.75 years of imprisonment.
- Class 5 Felony:
- For property valued between $2,000 and $3,000.
- Sentences range from 6 months to 2.5 years.
- Class 6 Felony:
- Covers property valued between $1,000 and $2,000, or theft involving firearms or animals taken for fighting purposes regardless of value.
- Punishment includes 4 months to 2 years in prison.
| Felony Class | Value of Stolen Property or Services | Imprisonment Range |
|---|---|---|
| Class 2 Felony | $25,000 or more | 3 to 12.5 years |
| Class 3 Felony | $4,000 to $25,000 | 2 to 8.75 years |
| Class 4 Felony | $3,000 to $4,000 or vehicle engine/transmission | 1 to 3.75 years |
| Class 5 Felony | $2,000 to $3,000 | 6 months to 2.5 years |
| Class 6 Felony | $1,000 to $2,000 or firearms/animals for fighting | 4 months to 2 years |
▶ Additional Specific Penalties
- Enhanced Penalties for Theft Over $100,000:
Individuals convicted of theft involving property valued at $100,000 or more under subsection A, paragraphs 1 or 3 of ARS §13-1802 are ineligible for suspension of sentence, probation, or early release until the sentence is fully served, except under certain circumstances outlined in ARS §31-233. - Restitution and Fines:
- Offenders may be required to pay restitution to victims to compensate for the loss.
- Fines can range from $1,000 to $150,000, depending on the felony classification and circumstances.
- Civil Rights Impacts:
- Convictions for felony theft may lead to the loss of voting rights and the ability to own or possess firearms.
Consequences of Misdemeanor Theft
Misdemeanor theft in Arizona, as outlined in ARS §13-1802, applies to cases where the value of stolen property or services is less than $1,000, except in specific circumstances where it may be elevated to a felony. Despite being a lesser charge compared to felony theft, misdemeanor theft still carries significant legal and personal repercussions.
▶ Legal Penalties for Misdemeanor Theft
- Class 1 Misdemeanor:
- Theft of property or services valued under $1,000 generally falls under this category.
- Punishments may include:
- Up to 6 months in jail.
- Fines of up to $2,500 plus surcharges.
- Restitution to compensate victims for their loss.
- Circumstances Elevating a Misdemeanor to a Felony:
- If the theft involves firearms, property taken directly from another person, or animals used for fighting (as per ARS §13-2910.01), the charge may be escalated to a class 6 felony, regardless of the property’s value.
- Community Service or Probation:
- Courts may impose probationary periods and order community service as part of the sentence, particularly for first-time offenders.
Legal Defenses for Theft Charges
To challenge theft charges in Arizona, a defense strategy must focus on disproving the specific elements required to establish the crime under ARS §13-1802. By targeting these elements, defendants can argue that the prosecution has failed to meet its burden of proof. Below are key defenses tailored to refute the elements of theft:
1. Lack of Intent to Deprive
- Defense: The defendant did not intend to permanently deprive the owner of the property or services.
- Explanation: Intent is a critical component of theft. For example, if the defendant mistakenly took an item believing it to be theirs or intended to return it, the element of intent is missing.
2. Consent of the Owner
- Defense: The property or services were taken with the owner’s consent.
- Explanation: If the owner explicitly or implicitly allowed the defendant to take or use the property, it negates the claim that the action was unauthorized.
3. No Knowledge of Stolen Property
- Defense: The defendant was unaware that the property in their possession was stolen.
- Explanation: To prove theft, the prosecution must show that the defendant knowingly controlled stolen property. Without evidence of this knowledge, the charge cannot stand.
4. Mistake or Misunderstanding
- Defense: The defendant believed they had a lawful claim to the property or services.
- Explanation: If the defendant reasonably believed the property belonged to them or that they were entitled to the services, the element of wrongful control or use is missing.
5. Entrapment by Law Enforcement
- Defense: The defendant was induced by law enforcement to commit the theft.
- Explanation: If authorities coerced or manipulated the defendant into committing theft, the actions may qualify as entrapment, invalidating the charges.
6. No Deprivation Occurred
- Defense: The owner was not actually deprived of their property or services.
- Explanation: If the prosecution cannot prove that the owner lost possession, use, or value of their property due to the defendant’s actions, the theft charge may be dismissed.
By focusing on these defenses, the goal is to disprove one or more elements of theft, thereby undermining the prosecution’s case.
Arizona Statutes on Theft
The Arizona Revised Statutes provide a legal framework for theft charges:
- ARS §13-1802 – Theft: Defines theft and outlines the penalties based on the value of the property stolen.
- ARS §13-701 – Sentencing: Details the sentencing guidelines for felony and misdemeanor offenses.
These statutes are resources for understanding how theft is prosecuted in Arizona, and how penalties are determined.
5 Frequently Asked Questions
- What is the threshold for Felony Theft in Arizona?
In Arizona, theft of property valued over $1,000 is typically classified as Felony Theft.
- Can a misdemeanor theft charge be upgraded to a felony?
Yes, certain circumstances, such as prior convictions or the involvement of firearms, can elevate a misdemeanor to a felony charge.
- Are there diversion programs available for first-time offenders?
Yes, Arizona offers diversion programs for eligible first-time offenders to avoid a criminal record. - Can theft charges be expunged from my record?
In Arizona, certain theft convictions may be set aside, but consulting with a lawyer is important to explore options.
- How does the court determine the value of stolen property?
Courts assess the fair market value of the stolen property at the time of the theft to determine the charge.
Contact a Criminal Defense Attorney From the Law Office of Daniel Hutto
Being charged with theft can be overwhelming and stressful, but you don’t have to face it alone. At the Law Office of Daniel Hutto, we’re here to stand by your side, fight for your rights, and guide you through the legal process. With years of experience handling complex criminal cases, Daniel Hutto has built a reputation for crafting strong defenses tailored to each client’s unique situation.
We know that every theft case is different, and we take the time to understand the details of your situation. Whether it’s questioning the prosecution’s evidence, showing that there was no intent to deprive, or proving that you had a rightful claim to the property, we dig deep to uncover every possible defense. Our team also ensures your voice is heard, advocating for reduced charges or exploring diversion programs when appropriate.
Contact our office today at 602 536-7878 to get the skilled defense you need.
