In This Post, You’ll Learn
- Whether Arizona has grand theft or grand larceny charges
- How Arizona defines theft under state law
- When theft becomes a felony in Arizona
- Common types of theft cases, including shoplifting, vehicle theft, embezzlement, and credit card theft
- Potential penalties for misdemeanor and felony theft charges
- Possible defenses to theft charges
- What to do if you are accused of theft in Arizona
Legal terms such as “grand theft” and “larceny” are used throughout the United States, but Arizona does not use those terms as separate formal charges in the same way some other states do. Instead, Arizona classifies theft-related offenses under state theft statutes.
The severity of a theft charge can depend on the value of the property or services involved, the type of item allegedly taken, the circumstances of the case, and whether any aggravating factors or prior convictions are involved.
If you are facing theft charges in Arizona, it is important to approach your case with calm and clarity. A criminal defense attorney can help you understand the charge, evaluate the evidence, protect your rights, and determine the best next steps.
What Is Theft Under Arizona Law?
In Arizona, theft generally involves knowingly controlling another person’s property or services without lawful authority and with the intent to deprive the owner of that property or service.
According to A.R.S. § 13-1802, a person may face theft charges if they allegedly knowingly did any of the following:
- Took unauthorized control of someone else’s property while intending to deprive the owner of it
- Used services without paying for them
- Obtained property or services by fraud or deception
- Controlled property they knew or had reason to know was stolen
- Failed to return or misused property or services that had been entrusted to them
- Kept lost, misdelivered, or mislaid property after failing to make a reasonable effort to find the owner
Theft charges can range from a misdemeanor to a serious felony depending on the facts of the case.
Does Arizona Have Grand Theft or Grand Larceny Charges?
Arizona does not use “grand theft” or “grand larceny” as separate statutory charges the way some other states do. Instead, Arizona law generally uses the term theft and classifies theft offenses based on the value of the property or services involved, the type of property allegedly taken, and the circumstances of the case.
In everyday language, people may use “grand theft” or “grand larceny” to describe a serious theft allegation. In Arizona, that usually means the person may be facing felony theft charges under state law.
When Does Theft Become a Felony in Arizona?
In Arizona, theft generally becomes a felony when the value of the property or services allegedly stolen is $1,000 or more. However, certain theft offenses may be charged as felonies regardless of value, including theft of a firearm, property taken directly from another person, or other circumstances listed under Arizona law.
While theft is always a serious accusation, the classification of the charge can make a major difference in the potential consequences. Higher-value property, certain types of property, and prior theft convictions may increase the severity of the charge.
Attorney Insight from Jon McCarty:
Arizona theft cases often turn on details like property value, intent, ownership, and how the evidence was collected. Even when the facts seem straightforward, the classification of the charge can make a major difference in the potential consequences. A criminal defense attorney can review the evidence, challenge assumptions about value or intent, and help determine whether the charge is supported by the facts.
Common Types of Theft Cases
There are several types of theft cases that commonly arise in Arizona. If you have been accused of any theft-related offense, it is important to speak with a criminal defense attorney before discussing the case with law enforcement, store employees, alleged victims, or witnesses.
Shoplifting
Under Arizona Revised Statutes § 13-1805, a person may be charged with shoplifting if they knowingly obtain merchandise from a store without paying, alter or remove price tags, transfer goods into another container, conceal merchandise, or use another method listed under Arizona law with the intent to deprive the merchant of the merchandise.
The severity of a shoplifting charge may depend on the value of the merchandise, the method allegedly used, whether a device or container was involved, and whether the accused person has prior convictions.
Stolen Property
Arizona law makes it illegal to control someone else’s property if the person knows, or has reason to know, that the property was stolen.
This means a person may face theft charges if the circumstances suggest they knew, or had reason to know, that the property was stolen. For example, prosecutors may look at whether the property was purchased far below market value, whether the transaction happened outside normal business practices, or whether there were other warning signs.
Vehicle Theft
Under Arizona law, vehicle theft may be charged as theft of means of transportation or unauthorized use of means of transportation, depending on the facts.
Theft of means of transportation. According to A.R.S. § 13-1814, theft of means of transportation may occur when a person knowingly controls another person’s vehicle without lawful authority and with the intent to permanently deprive the owner of it. Theft of means of transportation is a Class 3 felony.
Unauthorized use of means of transportation. A.R.S. § 13-1803 addresses unauthorized use of another person’s vehicle, sometimes referred to as “joyriding.” This can involve using another person’s vehicle without permission, but without the same intent to permanently deprive the owner of the vehicle.
Vehicle-related theft charges can be serious, and the classification may depend on the alleged conduct, intent, criminal history, and evidence in the case.
Employee Theft
Employee theft is commonly prosecuted under Arizona’s general theft statute. The charge classification depends on the value of the property, cash, services, or assets allegedly taken.
Employee theft cases may involve allegations of stealing money, taking inventory, misusing company property, altering records, manipulating refunds, or using company resources without authorization.
Embezzlement
In Arizona, embezzlement is generally handled under theft-related laws rather than a separate statute titled “embezzlement.” It may involve allegations that a person who was legally entrusted with money, property, or assets intentionally misused or converted those assets for personal gain.
Examples may include transferring employer or client funds into a personal account, charging for unworked hours, misusing business accounts, or selling assets and keeping the proceeds.
Identity Theft
Identity theft occurs when someone unlawfully uses another person’s identifying information to commit fraud, cause financial loss, obtain employment, or secure another benefit. This may involve the unauthorized use of a name, Social Security number, driver’s license, account number, or other personal identifying information.
Identity theft may be connected to other crimes, including:
- Financial fraud, such as opening credit accounts, leases, or loans in another person’s name
- Medical or employment fraud
- Tax fraud involving the use of another person’s Social Security number
- Credit card fraud or other financial crimes
Credit Card Theft
In Arizona, credit card-related theft may involve theft of a credit card, fraudulent use of a credit card, fraudulent schemes involving credit cards, or identity theft.
Depending on the conduct, prosecutors may bring charges under Arizona laws related to theft of a credit card, fraudulent use of a credit card, fraudulent schemes, or taking the identity of another person.
Theft vs. Shoplifting vs. Fraud
Theft, shoplifting, and fraud charges can overlap in Arizona. Depending on the facts, prosecutors may file multiple counts or charge a case under more than one statute.
Theft generally involves unlawfully taking or controlling property or services. Shoplifting usually involves merchandise taken from a store or retail setting. Fraud often involves deception, false statements, or misrepresentation used to obtain money, property, services, or another benefit.
Theft, fraud, and white-collar crimes are often connected. For example, embezzlement may be treated as a white-collar theft offense, and a person accused of using deception to obtain money may face both fraud and theft-related allegations.
Potential Penalties for Theft in Arizona
The penalties for theft in Arizona depend on the classification of the charge, the value of the property or services involved, the type of property allegedly taken, prior convictions, and any aggravating or mitigating factors.
Under A.R.S. § 13-1802, theft may be charged as:
- Class 1 misdemeanor: Property or services valued at less than $1,000, unless a special felony classification applies
- Class 6 felony: Property or services valued at $1,000 or more but less than $2,000
- Class 5 felony: Property or services valued at $2,000 or more but less than $3,000
- Class 4 felony: Property or services valued at $3,000 or more but less than $4,000
- Class 3 felony: Property or services valued at $4,000 or more but less than $25,000
- Class 2 felony: Property or services valued at $25,000 or more
Certain theft offenses may be felonies regardless of value, including theft of a firearm, theft of property taken directly from another person, or theft involving certain types of property or circumstances.
Possible consequences may include jail or prison time, probation, fines, restitution, community service, and a permanent criminal record. Because penalties vary based on the facts and the charge level, anyone accused of theft should speak with a criminal defense attorney before making decisions about their case.
How Prosecutors May Build a Theft Case
Prosecutors must prove beyond a reasonable doubt that the defendant committed the charged offense. In theft cases, the prosecution may try to show that the accused person knowingly controlled property or services without lawful authority and had the required intent under Arizona law.
Evidence may include:
- Receipts
- Surveillance footage
- Witness statements
- Financial records
- Digital records
- Possession of property
- Statements to police
- Store or loss prevention reports
The prosecution may also try to use prior convictions or other case-specific facts depending on the circumstances and applicable court rules.
Possible Defenses to Theft Charges
The right defense strategy depends on the specific facts, evidence, charge, and criminal history involved. Some possible defenses to Arizona theft charges may include:
- Lack of intent: The prosecution may not be able to prove that the accused person intended to deprive the owner of property or services.
- Mistaken identity: Witnesses, employees, or surveillance footage may have identified the wrong person.
- Ownership or permission dispute: The accused person may have believed they had permission or a lawful right to use or take the property.
- Incorrect property value: If the property value is overstated, the charge classification may be too severe.
- Insufficient evidence: The prosecution may not have enough evidence to prove every element of the charge beyond a reasonable doubt.
- No intent to permanently deprive: In some cases, the evidence may not support the level of intent alleged.
- Improper stop, search, or questioning: If law enforcement violated the accused person’s rights, certain evidence may be challenged.
A defense attorney can review the facts and determine which defenses may apply.
What to Do If You Are Accused of Theft
If you have been accused of theft in Arizona, the steps you take early can affect your case.
To avoid complicating the situation, consider the following:
- Contact a criminal defense attorney as soon as possible.
- Do not discuss the case with police without a lawyer present.
- Do not discuss the case with the alleged victim, store employees, witnesses, or loss prevention staff.
- Avoid posting about the case online.
- Preserve receipts, messages, documents, photos, or records that may be relevant.
- Follow any court orders or release conditions.
- Avoid contacting alleged victims or witnesses unless your attorney advises otherwise.
Even if you believe the accusation is a misunderstanding, it is important to protect your rights before making statements.
Theft Crime FAQs
Talk to an Arizona Theft Crimes Attorney
If you are facing theft, fraud, shoplifting, embezzlement, credit card theft, or white-collar crime charges in Arizona, you need a defense team that understands how these cases are prosecuted.
The Valley Law Group can help you understand the charges, evaluate the evidence, protect your rights, and build a defense strategy based on the facts of your case.
Contact The Valley Law Group today to schedule a consultation and learn how we can help protect your rights and your future.
Sources:
- Arizona State Legislature. (n.d.). A.R.S. § 13-1802: Theft; classification; definitions. Arizona Revised Statutes. https://www.azleg.gov/ars/13/01802.htm
- Arizona State Legislature. (n.d.). A.R.S. § 13-1803: Unlawful use of means of transportation; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/01803.htm
- Arizona State Legislature. (n.d.). A.R.S. § 13-1805: Shoplifting; detaining suspect; defense to wrongful detention; civil action by merchant; public services; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/01805.htm
- Arizona State Legislature. (n.d.). A.R.S. § 13-1814: Theft of means of transportation; affidavit; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/01814.htm
- Arizona State Legislature. (n.d.). A.R.S. § 13-2008: Taking identity of another person or entity; knowingly accepting identity of another person; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/02008.htm
- Arizona State Legislature. (n.d.). A.R.S. § 13-2102: Theft of a credit card or obtaining a credit card by fraudulent means; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/02102.htm
- Arizona State Legislature. (n.d.). A.R.S. § 13-2105: Fraudulent use of a credit card; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/02105.htm
- Arizona State Legislature. (n.d.). A.R.S. § 13-2109: Fraudulent schemes and artifices; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/02109.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.