There is No Substitute For Experience.

"I learned a long time ago if you do things like everyone else does, you will end up average. We do not strive to be average, we strive to be exceptional. I encourage you to call me directly to discuss your case.”

-Arizona Criminal Attorney Dwane Cates

Theft Crime Attorney in Phoenix

When it comes to defending against theft-related charges in Arizona, Cates & Reed, PLLC stands as a beacon of experience in criminal defense. Our firm has a strong history of successfully representing clients in cases involving a range of theft offenses, from petty theft to more serious charges such as burglary and shoplifting.

We understand that being accused of a theft crime can be a daunting and stressful experience. Our team is committed to providing compassionate and personalized legal representation to each and every client. We work tirelessly to build strong defense strategies tailored to the unique circumstances of your case.

Request your initial consultation by calling us at (480) 864-3807 today. Get nearly three decades of experience on your side!

What is Theft in Arizona?

In Arizona, theft is broadly defined under A.R.S. § 13-1802. Legally, a person commits theft if, without lawful authority, they knowingly control the property of another with the intent to deprive them of that property.

Theft isn't limited to physically taking an item from a store or a person’s home. Under Arizona law, theft can occur in several ways, including:

Obtaining services or property by means of material misrepresentation (fraud)
Coming into control of lost property without making reasonable efforts to find the owner
Controlling stolen property while knowing or having reason to know that the property was stolen
Obtaining services without paying (such as "dining and dashing")

The severity of a theft charge in Phoenix is primarily determined by the monetary value of the property or services involved. Arizona uses a "value-based" tier system to classify these crimes, ranging from Class 1 Misdemeanors to high-level Class 2 Felonies.

Petty vs. Grand Theft

While many states use the specific terms "petty theft" and "grand theft," Arizona law classifies theft based on the value of the items taken. However, the concept remains the same: the more valuable the item, the harsher the penalty.

Misdemeanor Theft (Petty Theft)

If the value of the property or services is less than $1,000, it is generally charged as a Class 1 Misdemeanor. While a misdemeanor is less severe than a felony, it still carries a maximum penalty of six months in jail and a fine of up to $2,500 plus surcharges.

Felony Theft (Grand Theft)

Once the value of the stolen property exceeds $1,000, the charge jumps to a felony. The tiers are as follows:

$1,000 to $2,000: Class 6 Felony.
$2,000 to $3,000: Class 5 Felony.
$3,000 to $4,000: Class 4 Felony.
$4,000 to $25,000: Class 3 Felony.
$25,000 or more: Class 2 Felony.

It is important to note that certain items—such as firearms or livestock—are automatically classified as felonies regardless of their monetary value.

Common Theft Offenses in Phoenix

Theft is an "umbrella" term that covers a wide variety of specific criminal acts. At Cates & Reed, PLLC, we represent clients facing various theft-related allegations, including:

Shoplifting (A.R.S. § 13-1805)

Shoplifting involves taking goods from an establishment without paying, or altering price tags to pay less than the stated price. Even a "minor" shoplifting charge can result in a permanent criminal record.

Burglary (A.R.S. § 13-1506 – 13-1508)

Burglary involves entering or remaining unlawfully in a structure (residential or commercial) with the intent to commit a theft or any felony therein. Burglary is a serious felony offense in Arizona, with First-Degree Burglary involving the possession of explosives or deadly weapons.

Robbery (A.R.S. § 13-1902)

Robbery differs from standard theft because it involves the use of force or threats against a person to take their property. Because of the element of violence or intimidation, robbery is always a felony.

Auto Theft (A.R.S. § 13-1814)

Theft of a means of transportation is a Class 3 Felony in Arizona. This applies to anyone who takes control of another person’s vehicle with the intent to permanently deprive them of it.

Identity Theft

In the digital age, identity theft has become a major focus for Phoenix law enforcement. This involves using another person's personal identifying information for an unlawful purpose or to obtain employment.

Legal Defenses Against Theft Charges

A theft charge does not equal a conviction. There are numerous legal strategies that our Phoenix theft crime lawyer can employ to challenge the state's evidence. Common defenses include:

Lack of Intent: The prosecution must prove that you intended to deprive the owner of their property. If the item was taken by mistake or you believed you had a right to it, the element of intent is missing.
Claim of Right: If you had an honest, good-faith belief that the property actually belonged to you, this can serve as a defense to theft.
Insufficient Evidence: In many cases, the prosecution relies on grainy surveillance footage or unreliable witness testimony. We challenge the quality and legality of the evidence presented.
Violation of Constitutional Rights: If the police conducted an illegal search and seizure or failed to read you your Miranda rights during a custodial interrogation, we may be able to have evidence suppressed.
Value Disputes: Since the severity of the charge depends on the value of the property, we often challenge the "fair market value" assessment made by the prosecution to get felony charges reduced to misdemeanors.

Frequently Asked Questions

What is the "Shopkeeper’s Privilege" in Arizona?

Under Arizona law, a store owner or employee who has reasonable cause to believe a person is shoplifting may detain that person in a reasonable manner for a reasonable time to question them or summon law enforcement. However, if they exceed "reasonable" force or duration, it may impact the case.

Can I go to jail for a first-time shoplifting offense?

While jail is a possibility for a Class 1 Misdemeanor, first-time offenders are often eligible for diversion programs. If completed successfully, these programs can lead to the dismissal of charges. An experienced lawyer is essential to negotiating these outcomes.

Will a theft conviction show up on a background check?

Yes. Theft is considered a "crime of moral turpitude," which suggests a lack of honesty or integrity. Employers often view theft convictions more harshly than other types of misdemeanors.

What should I do if I am contacted by the police regarding a theft investigation?

Do not provide a statement. Anything you say can and will be used against you. Politely inform the officers that you wish to remain silent and that you want to speak with our Phoenix theft defense attorney at Cates & Reed, PLLC immediately.

Call us at (480) 864-3807 or use our online form for answers to any questions you have involving theft crimes. We represent clients in Phoenix, Kingman, Yuma, Prescott, Florence, and Holbrook.

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