Theft is an overarching charge which encompasses many underlying property crimes. A.R.S. § 13-1802 can range from a simple misdemeanor to a serious felony charge requiring mandatory minimum prison even on a first offense. The classification of the crime and associated penalties are generally determined by the value of the goods stolen.
Pursuant to A.R.S. § 13-1804, theft by extortion occurs when a person threatens another person in order to obtain money, property or services. The type of force threatened and the status of the person making the threat, determine the crime’s classification and penalties.
Shoplifting, pursuant to A.R.S. § 13-1805 is far and away the most common property crime prosecuted in Arizona. Shoplifting occurs when an individual enters a store and conceals or leaves with an item listed for sale without paying. The punishment for shoplifting depends on the value of the item shoplifted and factors such as the use of a device (Organized Retail Theft); use of an accomplice, and others. While shoplifting is generally perceived as a misdemeanor, in many instances shoplifting can be a felony under Arizona law.
A crime encompassed within many misdemeanor shoplifting offenses, organized retail theft pursuant to A.R.S. § 13-1819 occurs when a person shoplifts with the intent of selling the proceeds afterwards or if the person uses an artifice, instrument, container, device or other article to facilitate the shoplift. Organized retail theft is a class 4 felony in Arizona.
Pursuant to A.R.S. § 13-1602, criminal damage occurs anytime someone recklessly damages, defaces or tampers with the property of another. Examples of criminal damage range from graffiti to breaking your own property in the midst of a domestic dispute. Depending on the value of the item damaged, criminal damage ranges from a class 2 misdemeanor to a class 4 felony.
Encompassing several Arizona statutes, criminal trespass can be committed in either the first, second or third degree.
Burglary in Arizona takes various forms and differs from criminal trespass as burglary involves entry into a structure rather than simply trespassing onto the property with the intent to commit a felony while there.
Arson involves knowingly causing damage to property by a fire or explosion. The classification and severity of punishment depends on the type of structure, whether the structure was occupied and the value of the damage caused by the fire.
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