Tucson Theft Lawyer
Theft offenses can range from felonies to misdemeanors. In either case, the charges will have major repercussions in your life. Conviction can result in everything from the revocation of professional licenses to a negative impact on immigration status to prison time. College students can face further disciplinary action from their school. It’s imperative to get an experienced theft attorney who will work to protect your rights, your future, and your freedom.
We serve clients throughout Pima, Santa Cruz, Pinal, Graham, Cochise, and Maricopa counties. Call our Tucson office at (520) 402-3226 today to schedule a free consultation.
Arizona’s Definition of Theft
Under Arizona law, theft is broadly defined under A.R.S. §13-1802. It occurs when someone knowingly takes or uses another person’s property or services without lawful authority and with the intent to deprive the owner of that property or service.
There are several forms of theft recognized in Arizona, including:
- Taking someone else's property without permission
- Controlling lost or misdelivered property without attempting to return it
- Obtaining services without paying, such as restaurant meals, rideshare trips, or utility services
- Shoplifting or retail theft
- Embezzlement or misuse of funds entrusted to your care
- Misrepresentation or fraud to gain property or services
Examples of theft crimes include:
- Petty theft: Also known as misdemeanor theft, this involves stealing property or services valued under $1,000.
- Grand theft: This refers to the theft of property or services valued at $1,000 or more. It is charged as a felony, with the severity of the potential sentences depending on the value of what was allegedly stolen.
- Embezzlement: This involves wrongfully taking or using property entrusted to one's care, typically in a workplace setting.
- Receiving stolen property: This crime involves knowingly accepting, possessing, or controlling property that has been stolen.
- Shoplifting: Taking goods from a store without paying. Depending on the value and circumstances, it can be charged as a misdemeanor or felony in Arizona.
- Identity Theft: Using another person’s identity for financial gain or services is a serious felony in Arizona. These cases often involve overlapping charges such as fraud or forgery.
What is the Difference Between Theft, Burglary, and Robbery?
Theft, burglary, and robbery are often seen interchangeably, but they are distinct crimes under Arizona law:
Theft involves intentionally taking or using someone else’s property or services without their consent and with the intent to deprive them of it. This crime can occur through various means, like physically taking an item or using deceit to obtain services. It does not require direct confrontation or force against the owner.
Burglary centers around unlawful entry. It is defined as entering or remaining inside a structure, such as a home or a business, with the intent to commit theft or another crime. Importantly, no actual theft or confrontation needs to occur—the intent alone is enough to be charged. Burglary comes in degrees based on factors like the use of weapons.
Robbery is the taking of property directly from a victim through force, intimidation, or threats. Unlike theft, robbery requires a confrontation with the victim. If a weapon is present, it escalates to armed robbery, a far more severe offense.
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Unique Insight
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What are the Penalties and Consequences of a Theft Conviction in Arizona?
Aside from the obvious fines and jail time, there are additional consequences to a theft conviction in Arizona:
- Restitution to the victim
- Community service hours
- Loss of professional licenses
- Permanent criminal record
- Immigration consequences for non-citizens
- Difficulty obtaining employment or housing
Felony convictions are especially damaging. Arizona does not automatically restore civil rights following a felony conviction, which means you could lose your right to vote or possess a firearm. A Tucson theft attorney can explore options such as diversion, dismissal, or charge reduction to help protect your record.
Misdemeanor Theft
For theft under $1,000, you may face a Class 1 misdemeanor, punishable by up to 6 months in jail, fines up to $2,500, and restitution to the victim. Community service and probation may also be imposed.
Felony Theft
Felony theft penalties depend on the value involved:
- Class 6 Felony (≥ $1,000 – < $2,000) – Up to 2 years in prison
- Class 5 Felony (≥ $2,000 – < $3,000) – Up to 2.5 years in prison
- Class 4 Felony (≥ $3,000 – < $4,000) – Up to 3.75 years in prison
- Class 3 Felony (≥ $4,000 – < $25,000) – Up to 8.75 years in prison
- Class 2 Felony (≥ $25,000) – Up to 12.5 years in prison
Prior convictions can significantly increase the sentence.
What are Potential Defenses Our Theft Attorney in Tucson May Use in Your Case?
The defense strategy always depends on the specific circumstances involving each individual case. Generally speaking, these are some common approaches:
Lack of Intent
Under Arizona law, theft requires deliberate intent to deprive someone of their property permanently or temporarily. Proving a lack of intent involves scrutinizing the defendant's mindset at the time of the alleged theft. By focusing on evidence, such as permission or legitimate reasons for possessing the property, it's possible to contest the charge effectively.
For example, if an individual believed they had permission to borrow the property, they might lack the intent to commit theft. In these cases, we can challenge the prosecution by presenting evidence, such as witness testimony or written communication, showing there was no intention to steal.
Mistaken Identity
Mistaken identity can be a powerful defense in cases where theft is alleged based on eyewitness accounts or surveillance footage. Errors in these situations are common, especially in incidents occurring in crowded or poorly lit areas.
We might be able to argue that the defendant was wrongly identified by using alibi evidence, inconsistencies in witness testimony, or expert analysis of the surveillance footage to prove our client was not the perpetrator.
Ownership Claim in Theft Cases
The defense of ownership is applicable when the accused has a legitimate claim to the property in question. An example might involve a misunderstanding between business partners or roommates about ownership of an item.
Under these circumstances, we would work to compile documentation, receipts, or other evidence demonstrating the accused’s lawful claim to the property.
Consent Defense by Burglary Attorney Tucson
The consent defense argues that the alleged victim gave permission for the accused to take or use the property.
For instance, if a friend allowed someone to borrow an item but later filed a complaint, this defense could apply. Possible defenses might include gathering text messages, emails, or testimony of verbal agreements.
What are the local Theft and Burglary Trends in Tucson?
In recent years, Tucson has seen fluctuating patterns in theft and burglary rates, often mirroring broader economic conditions. Crime statistics indicate that property-related crimes can be prevalent, with burglary comprising a significant portion of these offenses. Understanding this local context is vital for residents and can aid in crafting relevant legal defenses. Community policing efforts are playing a role in mitigating crime, and awareness campaigns have been pivotal in educating the public on prevention measures.
Tucson’s unique geographic and social makeup, where urban and rural areas intersect, often presents distinct challenges in addressing theft and burglary. As these crimes can considerably impact insurance costs and personal safety perceptions, having a knowledgeable attorney familiar with local law enforcement practices and crime dynamics is an invaluable asset.
Economic factors, such as unemployment rates and shifts in local industries, can often correlate with crime rates. In times of economic downturn, theft crimes in Tucson can see a rise. Our firm stays abreast of these trends to better predict and address the challenges our clients face. By understanding the nuances of these fluctuations, we can develop defenses that consider broader socio-economic factors possibly influencing the circumstances of an alleged crime.
Call Our Experienced Theft Lawyer in Tucson Today
Law Offices of Patrick Alan Moran, LLC has spent over 20 years fighting for defendants. Our founder has also been a Justice of the Peace, giving him unique insights into the legal system and a deeper understanding of what approaches have the best chance of succeeding. If you or someone you love is facing theft charges, our office will do all we can on your behalf.
Hiring a skilled theft attorney is crucial in navigating the intricacies of your case. Early legal intervention can often steer the negotiation process, potentially reducing charges or advocating for alternative sentencing options. Our seasoned team is dedicated to providing comprehensive support.
Call (520) 402-3226 or contact us online today. We can meet either here in the Tucson office, or we’ll set up a video conference. Your initial consultation will provide clarity on your defense options, setting the stage for a well-informed decision about your future.
