When Does Theft Become a Felony in Arizona?

Theft is a serious offense in Arizona. Penalties for theft charges are typically determined by the value of the goods or services stolen, though the unique circumstances of the case can also cause them to vary significantly. If you’re charged with a theft crime in Arizona, it’s crucial to understand the circumstances under which the charge escalates to a felony, as this can result in much harsher consequences. Please continue reading as we explore what you need to know about these matters and how a dedicated Tempe Theft Lawyer can help combat your charges. 

What is Considered Theft Under Arizona Law?

First and foremost, it’s crucial to understand that under A.R.S. § 13-1802(G) theft is defined as assuming command over someone else’s assets with the intention of permanently keeping them away from the owner, acquiring goods or assistance by intentionally making a significant false statement to deprive the other party of those goods or services, as well as exercising control over property while being aware that the property was illciltiy obtained. In other w words, it’s taking possession of or carrying away another person’s private possessions without their permission or legal justification. The state recognizes various forms of theft, including: 

• Shoplifting 
• Embezzlement 
• Theft by deception 
• Unauthorized use of property 
• Theft of services

What Are the Value Thresholds for Felony Theft?

Arizona law categorizes theft severity based on the dollar amount of the property stolen, with lower-value property resulting in misdemeanor charges. This typically involves hefty fines, probation, and short jail sentences. However, theft escalated to a felony once the value exceeded a specific threshold. You can face a class 6 felony for stealing between $1,000 and $2,000, or theft of certain items such as a firearm or an animal used for fighting. 

It should be noted that theft cna be charged as a felony even without high monetary value in certain special situations, such as theft of firearms or vehicles, theft involving vulnerable victims, or in cases of repeated offenses or prior convictions. 

What Are Potential Defenses? 

Depending on the unique circumstances of your case, there may be several defenses available. Common defenses include: 

• Lack of Intent: Arguing that you didn’t have the necessary criminal intent (mens rea) to commit the crime. 
• Mistaken Identity: Asserting that you were not the individual who committed the crime. This defense relies on a strong alibi or unreliable testimony. 
• Ownership or Right to the Property: Arguing that you can’t be guilty because you own the property in question or had a legal right ot claim to possess it. 
• Insufficient Evidence: Arguing that the prosecution has not met its burden of proof. 
• Violation of Constitutional Rights: Challenging the legality of how evidence was obtained or how the defendant was treated by law enforcement. 

At The Weingart Firm, PLLC, we are ready to protect your rights at every turn. A felony conviction can have far-reaching consequences. Don’t face this difficult time alone. Connect with us today to schedule a free consultation to discuss your options.