Theft and Shoplifting Penalties in Mesa, Arizona
Theft and shoplifting are criminal offenses in Mesa, Arizona, and can result in various penalties based on the value of the stolen goods and the specific circumstances of the case. In this blog post, we will discuss the penalties associated with theft and shoplifting in Mesa, Arizona, and the factors that can impact the severity of these penalties.
Theft vs. Shoplifting in Arizona: What are the differences?
In the State of Arizona, theft and shoplifting are two distinct crimes with different elements, degrees, and consequences.
Theft is defined as knowingly taking someone else’s property with the intent to deprive the owner of that property. The property can be taken without the owner’s consent, or by means of fraud, embezzlement, or false pretenses. Theft can be classified as either a misdemeanor or a felony, depending on the value of the property stolen. For instance, theft of property worth less than $1,000 results in a Class 1 misdemeanor, punishable by up to six months in jail and a fine of up to $2,500. Theft of property valued over $25,000 is a Class 2 felony, carrying a prison sentence of up to 12.5 years and fines up to $150,000.
Shoplifting, on the other hand, involves intentionally taking merchandise from a store without paying for it or intending to pay for it. In Arizona, shoplifting is also based on the value of the merchandise stolen. If the merchandise is worth less than $1,000, the crime is a Class 1 misdemeanor, punishable by up to six months in jail and fines up to $2,500. Shoplifting merchandise worth over $25,000 is a Class 2 felony, carrying a prison sentence of up to 12.5 years and a fine of up to $150,000.
For example, if a person enters a store with the intent to steal a pair of sunglasses valued at $150, and they are caught by security before exiting the store, they could be charged with shoplifting. If a person takes a $5000 watch without the owner’s consent, they could be charged with theft.
To avoid committing these crimes, individuals should refrain from taking something that belongs to someone else without permission and always pay the appropriate amount for items they intend to purchase. If charged with theft or shoplifting, it’s advisable to contact an experienced criminal defense attorney as soon as possible. They can provide guidance and defense against charges brought against you.
Classification of Theft and Shoplifting Offenses
In Arizona, theft and shoplifting offenses are classified based on the value of the stolen goods:
- Class 1 Misdemeanor: Theft or shoplifting of property valued at less than $1,000 is considered a Class 1 misdemeanor, which is the least severe classification.
- Class 6 Felony: Theft or shoplifting of property valued between $1,000 and $2,000 is considered a Class 6 felony.
- Class 5 Felony: Theft or shoplifting of property valued between $2,000 and $3,000 is considered a Class 5 felony.
- Class 4 Felony: Theft or shoplifting of property valued between $3,000 and $4,000 is considered a Class 4 felony.
- Class 3 Felony: Theft or shoplifting of property valued between $4,000 and $25,000 is considered a Class 3 felony.
- Class 2 Felony: Theft or shoplifting of property valued at more than $25,000 is considered a Class 2 felony, which is the most severe classification.
Penalties for Theft and Shoplifting in Mesa, Arizona
The penalties for theft and shoplifting offenses in Mesa, Arizona, depend on the classification of the offense:
- Class 1 Misdemeanor: Penalties may include up to 6 months in jail, a maximum fine of $2,500, probation, and community service.
- Class 6 Felony: Penalties may include 6 months to 1.5 years in prison, a maximum fine of $150,000, probation, and community service.
- Class 5 Felony: Penalties may include 9 months to 2 years in prison, a maximum fine of $150,000, probation, and community service.
- Class 4 Felony: Penalties may include 1.5 to 3 years in prison, a maximum fine of $150,000, probation, and community service.
- Class 3 Felony: Penalties may include 2.5 to 7 years in prison, a maximum fine of $150,000, probation, and community service.
- Class 2 Felony: Penalties may include 4 to 10 years in prison, a maximum fine of $150,000, probation, and community service.
In addition to the penalties listed above, individuals convicted of theft or shoplifting may be required to pay restitution to the victim, attend counseling or theft education programs, and may face a permanent criminal record.
Factors That Can Impact Penalties
Several factors can impact the severity of the penalties for theft and shoplifting offenses, including:
- Prior Convictions: Individuals with prior theft or shoplifting convictions may face harsher penalties, including increased fines, longer prison sentences, or more extended probation periods.
- Aggravating Circumstances: If the theft or shoplifting offense involved aggravating circumstances, such as the use of a weapon or the presence of a minor during the commission of the crime, the penalties may be more severe.
- Mitigating Circumstances: In some cases, mitigating circumstances may reduce the penalties for a theft or shoplifting offense, such as demonstrating that the defendant returned the stolen property, showing remorse for the crime, or providing evidence of financial hardship or mental health issues that contributed to the offense.
Theft and shoplifting penalties in Mesa, Arizona, can range from relatively minor consequences, such as fines and probation, to more severe penalties, including imprisonment and a permanent criminal record. The specific penalties depend on the classification of the offense, the value of the stolen goods, and any aggravating or mitigating circumstances.
If you have been charged with theft or shoplifting in Mesa, Arizona, it is crucial to consult with an experienced criminal defense attorney, such as The Harding Firm, to discuss your case and explore potential defenses. Contact us today to learn how we can help you protect your rights and minimize the consequences of a theft or shoplifting charge.