Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1802 "Theft" occurs when a person, without lawful authority, controls the property of another with the intent to deprive the other person of such property. It can also occur when a person converts services without authorization (i.e., stolen cable). It can also occur when a person knowingly takes control, title, use or management of an incapacitated or vulnerable adult's assets or property through intimidation or deception. Theft can either be classified as a simple misdemeanor, or all the way up to a class two (2) felony.
If the Theft of property or services has a value which exceeds $25,000.00, then it can be charged as a class two (2) felony. For a first offense class two (2) felony, the first offense range of punishment is probation with zero (0) days jail up to one (1) year in jail; or prison of three (3) years up to twelve and one half (12.5) years of incarceration. WARNING if the value of the property or services exceeds $100,000.00, then probation is not available and the range is "prison only" from three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is four and one half (4.5) years to twenty-three and one quarter (23.25) years of incarceration. If the person has two (2) allegeable historical prior convictions, now the "prison only" range increases from ten and one half (10.5) years to thirty-five (35) years of incarceration.
If the value of the property or services is $3,000.00 or more but less than $25,000.00 then the person can be charged with a class three (3) felony. A first offense class three (3) felony carries a range of punishment of probation with zero (0) days in jail up to one (1) year in jail; or prison of two (2) years to eight and three quarters (8.75) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the range of "prison only" punishment goes from three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the range of "prison only" punishment is from seven and one half (7.5) years to twenty-five (25) years of incarceration.
If the value of the property or services is $2,000.00 but less then $3,000.00, then the person can be charged with a class four (4) felony. A first offense punishment range for a class four (4) felony is probation with zero (0) days in jail up to one (1) year in jail; or prison of one (1) year to three and three quarters (3.75) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range goes from two and one quarter (2.25) years to seven and one half (7.5) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the range of "prison only" punishment is six (6) years to fifteen (15) years of incarceration.
If the value of the property or services is $1,000.00 or more but less than $2,000.00, then the person can be charged with a class five (5) felony. A first offense punishment range for a class five (5) felony is probation with zero (0) days in jail up to one (1) year in jail; or prison of six (6) months up to two and one half (2.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the range of "prison only" punishment is one (1) year to three and three quarters (3.75) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the range of "prison only" punishment is three (3) years to seven and one half (7.5) years of incarceration.
If the value of the property or services is $250.00 or more but less than $1,000.00, then the person can be charged with a class six (6) felony. A first offense class six (6) felony punishment has a range of punishment of probation with zero (0) days in jail up to one (1) year in jail; or prison of six (6) months to two (2) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the range of "prison only" punishment is nine (9) months to two and three quarter (2.75) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the range of "prison only" punishment is two and one quarter (2.25) years to five and three quarter (5.75) years in prison.
If the value of the property or services is less than $250.00, then the person can be charged with a class one (1) misdemeanor. A class one (1) misdemeanor carries a possible range of punishment of probation with zero (0) days to six (6) months in jail. In addition, a fine of $2500.00 plus 80% surcharge can be added on, along with restitution.
One of the most often seen defenses to Theft is "Consent". This will occur when two (2) people have an agreement or an understanding regarding the use of a piece of property, money, or a credit card. Then when the relationship goes bad, one person may simply accuse the Defendant of some type of "Theft". This is often seen in situations involving roommates, boyfriends and girlfriends, spouses and business partners. Other times "Consent" is seen where one person loans another person money and they are told "pay me back by the 15th, or I will hold on to your motorcycle until you pay me". The other person then states "no problem", and when they cannot pay the person back, they are then surprised to see that their motorcycle has actually been taken as collateral. It is important to interview all people who may have been witnesses to the "Consent" in order to demonstrate to the Prosecutor that this is not a true theft.
Another common defense is "Mistake of Fact". This occurs when one person takes property they believe to belong to another person (who has given them Consent), when in fact, the property belongs to an entirely different person. This can often happen with multiple roommates setting (such as dorm room or fraternity houses). Again, it is important to interview all parties involved to discover what actually occurred. Lastly, we have seen situations where a person is merely "borrowing" an item from a neighbor or acquaintance and this is misconstrued as an attempt to "permanently deprive" the other person of their property. An obvious example is one neighbor borrowing their other neighbor's lawnmower to use for a couple of hours.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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