When you receive a citation after an arrest, you are being cited into court to stand charges. Under the law, these are criminal charges and carry with them the possibility of fines, probation and jail.
Arizona Revised Statutes § 13-1805 defines shoplifting through several types of conduct involving merchandise offered for sale. The law addresses situations in which a person knowingly obtains another person’s goods with the intention of depriving the owner of them.
Conduct covered by the statute includes:
The circumstances surrounding an incident matter when determining whether the alleged conduct meets the statutory requirements. The prosecution must establish the elements of the charged offense under the applicable legal standard. In other instances, cases could also include charges such as Arizona theft, Theft by Extortion, Trespass, and Burglary, ensuring a strong defense for various theft-related offenses.
Arizona classifies shoplifting according to the value of the merchandise and certain additional circumstances. Under A.R.S. § 13-1805, the classification may range from a Class 1 misdemeanor to a felony.
Shoplifting merchandise valued at less than $1,000 is generally classified as a Class 1 misdemeanor. An exception applies when the merchandise is a firearm, which is classified as a Class 6 felony regardless of its value.
A misdemeanor charge can still have significant consequences. The possible outcome depends on the allegations, the available evidence, and the person’s circumstances.
Shoplifting merchandise valued at $1,000 or more but less than $2,000 is a Class 6 felony. Shoplifting a firearm is also a Class 6 felony under the statute, even when its value falls below that threshold.
Shoplifting merchandise valued at $2,000 or more can be charged as a Class 5 felony. The statute also provides for this classification when shoplifting occurs during a qualifying continuing criminal episode or is committed to promote, further, or assist a criminal street gang or criminal syndicate.
A continuing criminal episode has a specific statutory definition involving property valued at $1,500 or more across at least three separate incidents within 90 consecutive days.
Certain additional circumstances can result in a Class 4 felony classification. These include using an article with the intent to facilitate shoplifting, or committing shoplifting after two or more qualifying prior offenses involving burglary, shoplifting, robbery, organized retail theft, or theft within the applicable five-year period.
The precise classification depends on the statutory provisions applicable to the alleged conduct. A defense attorney for shoplifting can review the charge and the facts to explain which provisions may apply.
The penalty for shoplifting as a misdemeanor can range dramatically based on the facts of your case, the prosecuting agency, what store the items were stolen from and your judge. When the accused is under 18, cases are typically handled differently. Our team also defends juvenile crimes in Arizona, where the process and potential outcomes differ significantly from adult court. That said, a misdemeanor shoplifting first offense can normally be handled quite easily. For the best evaluation of the penalties you are likely to face, contact an experienced Phoenix shoplifting defense attorney at Feldman Royle Ahl – call (602) 899-8000 for a free consultation.
SIDE NOTE: Diversion or deferred prosecution agreements are common in many shoplifting charges in Arizona and allow for your case to be dismissed, leaving no criminal record. A Phoenix shoplifting defense attorney at Feldman Royle Ahl can evaluate whether diversion is available in your case and guide you through the process.
Pursuant to ARS 13-1805, shoplifting as a felony occurs when a shoplifting misdemeanor occurs AND:
The maximum and minimum punishment that you can expect after a conviction for felony shoplift in Arizona depends on the type or felony for which you are convicted. That said, the penalty for shoplifting can range drastically but speaking to an experienced shoplifting lawyer can provide you a better gauge of possible penalties under the facts of you specific case.
Known James hearings because they derive from a Supreme Court case called U.S. v James, theses are special hearings that take place prior to a jury trial. Used effectively, the defense may limit the number of recorded statements that can be used against a client if there is a finding that the statements where not made in furtherance of the crime.
In addition to any penalties you may face from the courts, there are often other penalties that many people must confront. Arizona shoplifting charges have substantial collateral consequences because they are known as a “crime involving moral turpitude (CIMT).” This legal categorization means that the crime is generally considered depraved or immoral. A conviction for a CIMT offense can have consequences even greater than those some suffer through the criminal court system. Other penalties pursuant to a collateral theory include:
Doctors, lawyers, accountants, those licensed to sell securities, insurance and annuities will have to report any conviction of a theft crime. Some licenses even require that the professional report having been charged with the crime, even if the crime is later dismissed. Because the crime is a CIMT, many professionals are required to report to licensing boards, charges and convictions for crimes that constitute legally immoral behavior.
As discussed above, shoplifting in Arizona carries a CIMT distinction and creates problems in immigration. Under 8 U.S.C. § 1251(a)(2)(a)(i), convictions for theft are normally a deportable offense depending on the applicant, the time frame and the exact crime for which you are found guilty.
Many major corporations, including major retailers, won’t even let you operate a cash register if you’ve been convicted of a theft crime.
Government clearance needed for certain government positions as well as employers that contract work with the state and federal agencies generally require a crime-free background.
A conviction can result in the suspension of your DPS fingerprint card. However, a good cause exception may be available, and in some cases pursuing expungement or a set-aside can help restore your clearance eligibility.
Many lenders are unwilling to lend to those convicted of certain theft crimes. A conviction for felony shoplifting will normally have to be reported on a mortgage application, student loan affidavit and all Small Business Association loans which will normally result in denial of the application for the prescribed period.
Crafting a strong shoplifting defense strategy is essential to get shoplifting charges dropped or significantly reduced. The defenses that you may want to raise will depend on the specific facts of your case. However, some of the more common defenses include:
This involves attacking the quality of the police’s investigation and the reliability of the evidence used against you. Your shoplifting attorney should consider attacking what evidence was preserved and not preserved, the quality of the witnesses, the witness statements, the valuation of the items or services allegedly stolen, as well as the quality of the police reports and record keeping.
In Arizona shoplifting cases, the prosecution must prove that concealed of left the store with the “intent” of not paying or keeping the items. Attacking the ability to prove your knowledge, motive and mental state can help to reduce or dismiss charges.
If you are charged with a crime on the basis of eyewitness identification, then you will want to look into attacking the eyewitness’s testimony. Eyewitness testimony has been shown to be one of the most unreliable types of evidence. Other times, suggestive photo lineups and mistaken identification in video leads to wrongful arrests.
If you were simply at a store when a crime was being committed, then you may want to raise a mere presence defense. If you were merely present at the crime scene, then you did not have any criminal intent and did not take part in the crime.
Your attorney may also raise defenses by way of Constitutional legal challenges including: Miranda Violations, illegal search and seizure violations and right to counsel violations.
Because the Arizona shoplifting definition requires that the prosecution prove a specific dollar amount, you can often be successful in arguing a reduced value of the item or service stolen.
Diversion agreements, or deferred prosecution agreements are plea agreements that allow your case to be dismissed after you have successfully completed some type of requirement such as repaying the value of the item, attending a shoplifting class or completing community service.
For misdemeanor Arizona shoplifting charges, there is a way for a person to engage in a civil compromise. Although often left unexplored, a misdemeanor compromise pursuant to A.R.S. § 13-3981 is an excellent way to avoid jail time, reduce fines and have your case dismissed.
Example. You are accused of stealing a pack of gum from a pharmacy. If the corporation agrees, you can simply pay money for the pack of gum in exchange for the criminal case being dismissed. It is important to note, however, when you have been accused of a crime, you are generally forbidden from making contact with the victim (store). As such, misdemeanor compromises must be handled by an experienced shoplifting lawyer, judges or the victim advocate. Simply contacting the victim and asking to buy our way out of a crime may constitute witness tampering.
Shoplifting charges in Phoenix are governed by ARS 13-1805, and the consequences can vary based on the value of the item and prior history. A knowledgeable Phoenix shoplifting lawyer helps explain how Arizona law applies to real situations, including misdemeanor versus felony classifications and possible penalties. An experienced Arizona shoplifting defence attorney or Phoenix criminal defense attorney can also clarify available legal options, common defenses, and what to expect at each stage of the process. At Feldman Royle Ahl, the focus is on helping individuals understand their rights and the legal framework involved, with a free consultation for Phoenix shoplifting charges available for those seeking clear, straightforward guidance.
At Feldman Royle Ahl, our Phoenix shoplifting defense attorneys know that these cases are often decided on the value of the merchandise, the strength of witness accounts, and the quality of loss prevention procedures. Because our team includes former Maricopa County prosecutors, we know exactly how retail theft cases are built – and where they fall apart. We challenge property valuations, attack unreliable witness testimony, evaluate diversion eligibility, and pursue misdemeanor compromise agreements where available. A shoplifting charge in Arizona doesn’t have to define your future – let us fight to protect it. Call (602) 899-8000 for a free consultation.
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