Misdemeanor Theft

The majority of Arizona’s theft laws are contained in Arizona Revised Statutes § 13-1802, which provides a list of offenses and punishments. For example, the crime of theft, which is also referred to as larceny, can include any of the following:

• Physically taking another person’s property without their permission;
• Keeping lost property without making a reasonable attempt to find the property’s owner;
• Obtaining goods or services from a person or business without paying for them;
• Possessing or exercising control over property that you is stolen; and
• Exceeding the permitted use of another’s property.

Each of the above can be either misdemeanor theft or felony theft, depending on the value of the property or services. For example, a theft offense is only a misdemeanor if the value of the goods or services is less than $1,000. Stealing anything worth more than $1,000 is considered felony theft.

However, there are two situations in which theft of goods or services valued at less than $1,000 results in felony charges. First, the theft of a firearm—regardless of the firearm’s value—is automatically a felony. Second, if you have a prior misdemeanor theft conviction within the past two years, your second theft case will be a felony under Arizona Revised Statutes § 13-707(B).

The punishments for shoplifting are similar to those for other types of theft crimes. For example, shoplifting items valued at less than $1,000 is a Class 1 misdemeanor. However, if you were previously convicted of shoplifting within the past two years, the offense will be charged as a Class 6 felony.

If you are convicted of misdemeanor theft, the offense is a Class 1 misdemeanor. In Arizona, a Class 1 misdemeanor carries a maximum punishment of up to six months in jail and a fine of up to $500.

Yes, there are several defenses to theft charges. If successful, a defense can either result in the prosecution withdrawing your case or an acquittal. In some cases, a defense may not completely absolve you of liability but can reduce your exposure, for example, by reducing the seriousness of the crime from a felony to a misdemeanor. The most common defenses to misdemeanor theft include the following:

You made an honest mistake in taking another’s property; in other words, you lacked the intent to deprive the owner of their property;

• You had permission to take, control or use the property;
• While you took property without permission, you intended to return it;
• Law enforcement violated your rights when searching for the allegedly stolen property; or
• The owner of the property inflated the value of the goods.