Property crimes are a frequent occurrence in many areas of Arizona. As a result, the penalties for these crimes are designed to deter individuals from committing them and are directly related to the circumstances of a case. For instance, components of a case, such as the severity of the charge or classification of the charge, and external factors, like a prior criminal record, can all impact the ultimate penalty handed down to an offender in a property crimes case.
These and other factors can result in a range of jail or imprisonment sentences, statutory fines, probation, and mandatory restitution. The Penalty Grid below itemizes these crimes and their relative penalties to provide a closer look at Arizona property crime classification.
Penalty Grid
| Common Charge Name | Classification / Aggravators | ARS Reference Number | Class | Dangerous | Restitution Mandatory | Probation |
|---|---|---|---|---|---|---|
| Burglary | 3rd degree | ARS 13-1506 | Class 4 Felony | No | Yes | Yes, with no prior felonies; with prior felonies, at the discretion of the court |
| 2nd degree | ARS 13-1507 | Class 3 Felony | No, unless involving a weapon | Yes | Yes, with no prior felonies and not a dangerous crime | |
| 1st degree | ARS 13-1508 | Class 3 Felony (commercial); Class 2 (residential) | Yes | Yes | Yes | |
| Theft | $1–$999 | ARS 13-1802 G | Misdemeanor | Yes | No | Yes |
| $1,000–$1,999 | Class 6 Felony | |||||
| $2,000–$2,999 | Class 5 Felony | |||||
| $3,000–$3,999 | Class 4 Felony | |||||
| $4,000–$25,000 | Class 3 Felony | |||||
| $25,000+ | Class 2 Felony | |||||
| Shoplifting | $1–$999 | ARS § 13-1805 | Class 1 Misdemeanor | No, unless violence is involved | Yes | Yes, with conditions |
| $1,000–$1,999 | Class 6 Felony | |||||
| With a firearm (any value) | Class 5 Felony | |||||
| Using a container or device | Class 4 Felony | |||||
| Two or more prior related convictions (within 5 years) | ||||||
| Theft of means of transportation (vehicle theft) | ARS § 13-1814 | Class 3 Felony | Yes | Yes | Yes, with conditions | |
| Trafficking in stolen property | 1st degree | ARS § 13-2307 | Class 2 Felony | Yes | Yes | Possible with the judge’s discretion |
| 2nd degree | Class 3 Felony | |||||
| Criminal damage / vandalism | $10,000+ | ARS § 13-1602 | Class 4 Felony | No, unless involving a weapon | Yes | Yes |
| $2,000–$9,999 | Class 5 Felony | |||||
| $1,000–$1,999 | Class 6 Felony | |||||
| $250–$999 | Class 1 Misdemeanor | |||||
| Any other criminal damage | Class 2 Misdemeanor | |||||
| Arson – Structure or Property | $1–$999 | ARS § 13-1703 | Class 4 Felony | Yes | Yes | Generally no, but less severe crimes may be eligible under certain circumstances |
| $1,000+ | Class 5 Felony | |||||
| Arson – Occupied Structure | ARS § 13-1704 | Class 2 Felony | Yes | Yes | Generally no, but less severe crimes may be eligible under certain circumstances | |
| Criminal trespass | 1st degree | ARS § 13-1504 | Class 1 Misdemeanor, Class 5 or 6 Felony | Yes | Yes | Yes, if a misdemeanor |
| 2nd degree | ARS § 13-1503 | Class 2 Misdemeanor | No | Yes | ||
| 3rd degree | ARS § 13-1502 | Class 3 Misdemeanor | No | Yes | ||
| Possession of burglary tools | ARS § 13-1505 | Class 6 Felony | In some cases | With proof of financial loss | Yes |
What Drives the Penalty Up or Down
While the classification levels of property crimes delineate penalties like jail or prison time, fines, mandatory restitution, and eligibility for probation, there are additional factors that can increase or decrease the penalties associated with individual property crimes. Such variables include the value of loss or damage incurred by the victim of the crime and the type of property where the crime occurred. Here are more details about these and other factors that can drive the penalty up or down.
Value of Loss
Arizona Revised Statutes § 13-1802 defines the thresholds of damage and their impact on the classification of a crime. The value of stolen property or the nature of the crime can affect the penalty that a conviction for that crime can bring. For example, when theft occurs, if the stolen property is valued at more than $25,000, the charge is elevated to a Class 2 felony.
Theft of property less than $25,000 but more than $4,000 is downgraded to a Class 3 felony. Stolen property valued between $3,000 and $4,000 is a Class 4 felony, and property stolen and valued between $2,000 and $3,000 is a Class 5 felony. A Class 6 felony is reserved for crimes involving property valued between $1,000 and $2,000; however, theft of any amount under $1,000 is charged as a Class 1 misdemeanor.
Location of the Crime
The zoning of the property where a crime occurs can also affect the penalty. For instance, burglary in the third degree, also known as simple burglary, is defined as entering or remaining on property unlawfully, whether in a non-residential structure or a residential or commercial yard enclosed by a fence, with the intention of committing theft. Burglary in the second degree, on the other hand, is the burglary of a commercial property and is classified as a Class 4 felony. Burglary of a residential property, however, is a Class 3 felony.
Arson penalties are another example of how the location of a crime can affect its classification and consequences. When arson is committed in an occupied structure, it is a Class 2 felony, but arson of an unoccupied structure is only a Class 4 felony.
Tools/Weapons or Nighttime Entry
If a burglary is committed using a weapon, the regular burglary charge is upgraded to a Class 2 felony. Additionally, factors such as the time of day can affect penalties; nighttime entry into a home or business to commit a property crime can increase the severity of the consequences.
Prior Convictions and Repetitive Categories
Prior convictions can significantly increase the penalty for a property crime felony. The Arizona Revised Statutes includes a very complex and compounding penalty schedule for convicted felons who are repeat offenders and/or have prior convictions. Individuals with prior felony convictions are sentenced according to the existing number of offenses on their record, which results in upgrading charges to category two or category three sentencing for repeat offenders. More than three past felony convictions can trigger an aggravated sentence in some cases, compounding penalties even more.
Victim Type
When a property crime is committed against a vulnerable adult or another protected characteristic defined by civil rights laws, such as a disabled individual, it can increase the crime classification and sentencing for property crime felonies. Additionally, property crime convictions for crimes committed on school property or in the vicinity of a municipal, state, or federal utility are also subject to steeper penalties.
Aggregation Across Acts in One Scheme
When one defendant commits multiple crimes against different people, the values of the stolen property can be combined and presented as one single case. The purpose of this is to increase the value of property damages in order to increase the severity of penalties. For example, a string of burglaries to steal items of a marginal value can be considered together as one larger crime.
Fines, Fees, and Restitution
Some property crime penalties require mandatory restitution in addition to imprisonment or probation. Property crimes that result in a felony conviction can also carry fines of up to $150,000, depending on the offense class and other conditions defined in the Arizona Revised Statutes.
Mandatory restitution includes damages for economic losses, such as the reduced value of property or an equivalent amount for the stolen property. Restitution is paid to the victim by the convicted felon to cover expenses that resulted from the offender’s actions. Mandatory restitution is calculated based on victim statements, invoices, receipts for repairs, and other relevant financial documentation.
Additionally, collateral costs beyond financial compensation and restitution can significantly increase the overall cost of the crime for the defendant. These types of costs include court fees, victim compensation assessments, surcharges, and, when probation is part of a sentence, additional monetary costs.
Collateral Consequences
Collateral costs are expenses that a convicted individual will face after serving out their sentence. These include costs such as re-licensing, training in areas of career advancement, housing costs following imprisonment, and/or citizenship costs for immigrants. Even small societal costs, such as insurance, rebuilding credit, and other necessary expenses, can add up to become a significant consideration after a property crime has occurred.
Possible expungement costs may also be a factor when an individual is eligible for record relief. To learn more about expungement, record sealing, and record relief, visit The Valley Law Group’s Guide to clearing a criminal record in Arizona. This guide provides convicted felons with information and advice on expungement after they’ve served out their sentencing.
Defense and Damage-Control Playbook
When there is a potential for an improved outcome in a property crime case, a solid and successful defense strategy can mitigate charges, convictions, and, consequently, penalties, as well as collateral costs, legal fees, and significantly shorten sentencing. There are several defense strategies that may be available for your property crime charges.
Mistaken Identity
Disputing your identity or intent can help you demonstrate that you didn’t intend to commit the property crime you are charged with or prove a case of mistaken identity because someone else committed the crime. This can be a very effective criminal defense strategy. It is also possible that you had the property owner’s consent to enter the property. Proving this can be effective in minimizing charges or getting them dropped altogether.
Property Ownership
In some cases, the ownership of the property is questionable. If a valid case is made for your right to the property, it can be difficult for prosecutors to achieve a conviction.
Incorrect Value Assessment
Disputing the value of the alleged stolen property can often weaken a property crime case. Valuing repair costs through invoices, receipts, quotes, and estimates, and employing professionals to assess actual property damage, can reduce the original estimated losses. This, in turn, reduces the classification of the crime, as well as penalties and the severity of any conviction.
Investigative Errors
Developing a criminal defense strategy that applies search and seizure laws to prove misconduct or error in the investigation can be an effective method for discrediting a criminal case. Your attorney can help you determine the potential procedural errors that were made and provide proof that these errors had a significant effect on the perceived guilt in your case.
Property Was Not Stolen
Surveillance video can serve as credible documentation in proving you received alleged stolen property lawfully and rightfully. Typically, this is by means of purchase or as a gift, which therefore means you had a right to the property. Additionally, GPS logs can back up an alibi, confirming your whereabouts were elsewhere at the time when the crime was committed.
Restitution
Early restitution is the voluntary return of the undamaged stolen property to the victim by the defendant. This act can influence prosecutors to alleviate charges against you for the stolen property. Civil resolution strategies are always encouraged because they can influence positive outcomes in property crime cases.
Securing legal representation who is familiar with local courts is one of the best things you can do when facing property crime charges. An attorney with knowledge of local laws and the Maricopa County (or surrounding counties’) court system has the advantage of prior experience, knowledge of the local court’s procedures, and an established reputation with judges and prosecutors. This can truly make a positive impact for defendants seeking plea deals or alternative sentencing, such as diversion programs, deferred judgments, or other programs.
What to Do After an Arrest
Anyone arrested for a property crime in Arizona should follow the steps below to improve their chances of receiving diminished charges, a lesser conviction, and a more lenient sentencing.
- Do not make statements without counsel. Your Miranda rights state that anything you say can and will be used against you, and this is true.
- Take care to maintain evidence. It is crucial to preserve any small or large documentation that can back up your story or support your defense strategy. Items such as GPS and cell phone records, restaurant receipts, repair estimates, invoices, other receipts, or documentation that can prove your alibi or your ownership of the alleged stolen property must be well-maintained. If ownership can be proven in some cases, the court will drop the erroneous property crime charges.
- Compose a list of potential witnesses. Employees of the store where the incident took place, bystanders, neighbors, repair personnel, weight staff, etc., are all potential sources that can contribute to mitigating charges against an individual.
- Gather statements. Statements from personal friends and family who can attest to the criminal defense strategy constructed by the defendant’s attorney are sometimes useful in court.
- Share the citation/complaint number and court date with an attorney. Discuss the potential of a plea deal, potential jail alternatives, eligibility for probation, the possibility of a deferred judgment, and understand the consequences the charges carry because there is never a promise of a plea deal or alternative sentencing.
- Understand the rights of those who have been charged with a crime in Arizona. If you stand to face trial or hope to obtain a plea bargain, it is crucial to know how to protect your rights. Determine important case deadlines, such as when to post bail, file a motion to suppress evidence, and take other legal actions important to the case.
Property Crime FAQs
Property crime laws can change quickly, and staying up to date on their development can help ensure you not only protect your own property but also avoid unnecessary legal charges.
Protect Your Future After Property Crime Charges
If you are facing property crime charges in Arizona, turn to the experienced criminal defense team at The Valley Law Group. Our skilled criminal defense attorneys will comb over every detail of your case, construct a formidable defense, and handle the ins and outs of the Arizona Criminal Court system so you can secure the best chance at a reduced sentence or dismissal.
Contact our experienced team today to schedule your free consultation.
Your fight is our fight.
Sources:
- Arizona Revised Statutes § 13-1506. (n.d.). Burglary in the third degree; classification. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/01506.htm
- Arizona Revised Statutes § 13-1802. (n.d.). Theft; classification; definitions. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/01802.htm
Jon McCarty has broad experience in a wide variety of criminal defense and family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. After running a successful practice of his own for many years, Jon relocated to Maricopa County where he has continued to strive for excellence through aggressive yet compassionate representation of each client. Jon has been named to the list of Super Lawyers in the area of family law multiple times, and has been recognized for his outstanding commitment to Equal Access to Justice through providing pro bono representation to numerous clients.