Theft charges in Phoenix, ArizonaTheft 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.
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
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!