Are There Misdemeanor Theft Crimes or are They All Considered Felonies?

In Arizona, theft crimes can be classified as either misdemeanors or felonies, depending on the value of the stolen property and other factors.

A misdemeanor conviction may not sound serious, but keep in mind, it can have long-lasting consequences, such as future difficulty obtaining employment or housing.

If you’ve been charged with a theft offense in Arizona, it's crucial to consult with an experienced criminal defense attorney who can develop a strong legal strategy to defend your rights and not let a spur-of-the-moment mistake cost you a successful future.

What Is Considered Theft?

Under Arizona law, theft is defined as the unlawful taking of someone else's property with the intent to permanently deprive the owner of that property. The value of the stolen property will determine the severity of the misdemeanor or felony class.

Examples of theft include:

• Shoplifting: Taking merchandise from a store without paying for it
• Burglary: Breaking into someone's home or business with the intent to steal
• Car theft: Taking someone's vehicle without their permission
• Embezzlement: Stealing money or property that has been entrusted to you by an employer or organization
• Robbery: Using force or the threat of force to take someone's property
• Identity theft: Using someone else's personal information to make fraudulent purchases or open accounts
• Credit card fraud: Using someone else's credit card or credit card information to make unauthorized purchases
• Petty theft: Stealing small items, usually with a low monetary value
• Grand theft: Stealing larger items or more valuable property
• Intellectual property theft: Stealing someone's intellectual property, such as copyrighted material or trade secrets

What’s the Difference Between Misdemeanor and Felony Theft in Arizona?

In Arizona, theft is classified as either a misdemeanor or a felony depending on the value of the stolen property and other circumstances of the crime.

Misdemeanor theft is the less serious of the two and typically involves the theft of property valued at less than $1,000. Examples of misdemeanor theft include shoplifting, petty theft and theft of services.

Felony theft, on the other hand, involves the theft of property valued at $1,000 or more, or if certain other aggravating behaviors or circumstances increase the perceived severity of the offense. Examples of felony theft include robbery, embezzlement grand theft and auto theft. Felony theft is charged as a class 2, 3, 4, 5 or 6 felony depending on the value of the property stolen and other factors like whether force was used or if the defendant has prior convictions. The potential penalties vary accordingly.

What Are the Different Classifications of Theft in Arizona?

• Class 1 misdemeanor theft: The least severe type of theft. It typically involves the theft of property valued at less than $1,000 and is punishable by up to six months in jail and a fine of up to $2,500. Examples of class 1 misdemeanor theft include shoplifting small items from a store and taking property without permission

• Class 6 felony theft: This type of theft is considered less severe than higher classes of felony theft, but more serious than misdemeanor theft. Class 6 felony theft typically involves the theft of property valued between $1,000 and $2,000 and is punishable by up to two years in prison and a fine of up to $150,000. Theft of a bicycle, electronic devices or other items with a higher value may be charged as class 6 felonies.

• Class 5 felony theft: Theft of property valued between $2,000 and $3,000 qualifies as a class 5 felony. It is punishable by up to two and a half years in prison and a fine of up to $150,000. People accused of stealing expensive electronic equipment, jewelry or other valuable items may be charged with class 5 felony theft.

• Class 4 felony theft: These thefts involve property valued between $3,000 and $4,000. It is punishable by up to 3.75 years in prison and a fine of up to $150,000. Higher value items like used cars, jewelry or a significant amount of cash may fall into the class 4 category.

• Class 3 felony theft: Typically involves the theft of property valued between $4,000 and $25,000 and is punishable by up to 8.75 years in prison and a fine of up to $150,000. The theft of newer vehicles, a significant amount of cash or other valuable property may rise to the level of class 3 felony theft.

• Class 2 felony theft: Class 2 felony theft is a very serious offense and is typically reserved for cases involving the theft of property valued at $25,000 or more. This offense is punishable by up to 12.5 years in prison and a fine of up to $150,000. Examples of class 2 felony theft include stealing luxury cars, boats and expensive collectibles, art or jewelry. Aggravating factors like causing injury to another person or using a deadly weapon during the commission of the crime can result in more serious charges.
  

Can a Lawyer Defend Me Against Theft Charges in Phoenix?

Having a skilled defense lawyer represent you and your interests can greatly improve your chances of achieving a positive outcome if you’re facing prosecution for theft.

Defendants looking for a skilled, board-certified criminal defense attorney in the Phoenix Metro area may want to consider contacting the Law Office of Michael Alarid III.

Having accumulated years of invaluable experience handling theft and fraud crimes, Mr. Alarid can explain the legal process to you, help you understand the charges and potential penalties you are facing and develop a defense strategy that addresses the specific circumstances of your case.

To learn more or to book a consultation, call our Phoenix office at 602.818.3110.