Theft charges in Phoenix, Arizona

Theft charges in Phoenix can range from a misdemeanor to a felony. The theft statute is ARS 13-1802. The level of the theft charges depends on the type of theft and the total value of the property stolen. 

• If the value of the property is $25,000 or greater, the theft would be charged as a class 2 felony. With no criminal history, an individual would be probation eligible.
   
• If the value of the property is in excess of $100,000 the theft is still a class 2 felony, however, a prison term of 3 - 12.5 years is mandatory if convicted.
   
• If the value of the property is under $1000, the theft offense would be charged as a misdemeanor.

From shoplifting to embezzlement if you have been charged with a criminal theft offense in Phoenix, Arizona you need to seek immediate representation by an experienced criminal defense attorney as quickly as possible. With the life-altering consequences, it is imperative that you check the attorney’s qualifications and I recommend that you interview several before making a decision.

Levels of misdemeanor crimes

• Class 1 misdemeanor - A class 1 misdemeanor is the most serious misdemeanor offense and is punishable by up to 6 months in jail, 3 years of probation (5 years maximum probation for DUI offenses) and a $2,500 fine plus surcharges. Some of the most common class 1 misdemeanor offenses include DUI, driving on a suspended license, assault, disorderly conduct, criminal damage, shoplifting, and theft.
   
• Class 2 misdemeanor - A class 2 misdemeanor carries a maximum punishment of 4 months in jail, a $750 fine plus surcharges and 2 years of probation. Some of the most common class 2 misdemeanor offenses are reckless driving, assault, criminal trespassing in the second degree and criminal damage.
   
• Class 3 misdemeanor - A class 3 misdemeanor is the lowest criminal offense, but still can carry severe punishments including a maximum of 30 days in jail, 1 year of probation and a $500 fine plus surcharges. The most common class 3 misdemeanor offenses in Arizona are a form of assault, criminal trespass in the third degree and criminal speeding. Immediately after being charged with a misdemeanor I recommend that you consult with a criminal defense attorney who has the trial experience when dealing with misdemeanor crimes.

Levels of felony crimes

• Class 6 felony - Class 6 felony carries a maximum punishment of 2 years in prison, 3 years of supervised probation and a $150,000 fine and surcharges. Class 6 felonies can include charges such as possession of drug paraphernalia, resisting arrest, aggravated DUI, theft, and possession of marijuana.
   
• Class 5 felony - A class 5 felony offense carries a maximum punishment of 2.5 years in prison, 3 years of supervised probation and a $150,000 fine and surcharges. Some examples of class 5 felony offenses include theft of a credit card, unlawful flight from law enforcement, criminal damage, theft and aggravated assault on a police officer.
   
• Class 4 felony - A class 4 felony is punishable by a maximum punishment is 3.75 years in prison, 4 years of probation and a fine of $150,000 plus surcharges. Class 4 felony offenses include aggravated DUI, possession of narcotic drugs, possession of dangerous drugs, misconduct involving weapons, forgery, identity theft and burglary.
   
• Class 3 felony - A class 3 felony offense is punishable by up to 8.75 years in prison, 5 years of probation and a $150,000 and surcharges. Examples of class 3 felony offenses include theft of a motor vehicle, aggravated assault, possession of marijuana for sale, theft, burglary, aggravated robbery and trafficking stolen property.
   
• Class 2 felony - A class 2 felony offense is punishable by up to 12.5 years in prison, 7 years of probation and a fine of $150,000 plus surcharges. Class 2 felony offenses include possession of narcotic drugs for sale, possession of dangerous drugs for sale, manslaughter, aggravated assault, sexual assault, child prostitution, armed robbery, assisting a criminal street gang, burglary, discharging a firearm, theft and fraudulent schemes.
   
• Class 1 felony - A class 1 felony offense is the most serious crime a person can be charged with and is reserved for murder charges only. A class 1 felony carries a minimum of 25 years to life and has a maximum penalty of the death penalty

Please note that if you are sentenced to probation on any of the above-listed felonies a judge can still sentence you up to a set sentence of one year in county jail (Tent City), and if you have prior felony convictions, then prison becomes mandatory.

To learn more about the penalties for theft in Phoenix, contact Criminal Defense Attorney Aaron Black or call 480-729-1683 for a free consultation today!