While shoplifting, stealing, and theft may not be as serious as arson, assault, or murder, that does not mean these crimes do not carry serious consequences. If you are arrested and ultimately found guilty of the charges against you, your future could be in jeopardy. You must take the charges against you seriously if you hope to get home to your family sooner and avoid the fallout of a conviction.
Working with a high-powered Tempe theft crimes lawyer from Suzuki Law Offices may be in your best interests. Our firm has 30+ years of trial experience and insight into how the state may approach your case, as we are a team of former prosecutors.
Schedule your confidential consultation with a leading Tempe criminal defense lawyer today and learn more about the possible sentences you could be facing and how to build the strongest defense strategy possible.
Theft Crime Charges Take Several Forms
A Tempe armed robbery defense lawyer from Suzuki Law Offices may also be able to help you if you have been accused of committing theft. The value of the property or goods stolen will determine whether you are charged with a misdemeanor or felony and the extent of your penalties. There are multiple types of theft crimes that you could be accused of, including:
- Armed robbery – Per ARS §13-1904, armed robbery is generally classified as a class two felony. If convicted, you could spend up to 12 1/2 years in prison.
- Burglary – Per ARS §13-1506, burglary in the third degree is generally considered a class four felony, punishable by up to 35 years in prison if you have multiple prior burglary convictions on your record.
- Identity theft – According to ARS §13-2008, identity theft is considered a class four felony, punishable by up to 3.75 years in an Arizona state prison.
You could also be charged with shoplifting under ARS §13-1805. Like theft, the value of the goods or services stolen will determine whether you are charged with a misdemeanor or a felony. There are also extensive collateral consequences that could adversely impact your future post-conviction.
Tempe Theft Crimes FAQ
Can Theft Convictions Be Expunged in Arizona?
Yes, certain types of theft crimes may be eligible for expungement depending on the circumstances of your case. Per ARS §13-911, theft could be expunged from your record if you were convicted and the waiting period has passed. This could be as few as two years from the date you have completed the terms of your sentence if you were convicted of a misdemeanor theft crime.
However, if you were found guilty of a felony theft offense, the waiting period will be longer. For instance, if you were convicted of a class two or three felony theft crime, the waiting period would be 10 years from the date you finished your sentence.
Conversely, if you were convicted of a class six felony theft crime, the waiting period could be as few as three years.
How Long Will It Be Before the Statute of Limitations Expires for Theft Charges?
Your Tempe theft crimes attorney will review the details of your case to determine whether the statute of limitations has expired. Felony theft crimes carry a statute of limitations of up to seven years from the date the alleged offense occurred, as described under ARS §13-107.
However, misdemeanor theft has a one-year statute of limitations deadline.
If charges have not been filed and the statute of limitations expires, the district attorney will have missed their opportunity to prosecute you. If charges are filed, your Tempe burglary defense lawyer can file a motion to get the charges against you dismissed.
It is important to note that the statute of limitations will pause its countdown if the district attorney does not know the identity of the individual who committed the crime or if the defendant has fled the state.
Should I Try to Clear Things Up with the Prosecutor?
No, it is more than likely not in your best interest to say anything to police, investigators, or the district attorney. Anything you say to law enforcement can be used against you. You should have been read your Miranda rights as soon as you were taken into custody.
These detail your right to remain silent, your right to a theft crimes lawyer in Tempe, the right to have an attorney appointed to you if you cannot afford one, and a warning that anything you say can be used against you in court.
If the police do not read you these rights before questioning you, your constitutional rights may have been violated, which could lead to the dismissal of your charges. You do not want to risk saying something to the police that could be manipulated or misconstrued in an attempt to convict you.
Is Theft a Felony Under Arizona Law?
Theft can be a felony under Arizona law. When the value of the property is less than $1,000, theft charges can be prosecuted at the misdemeanor level.
However, once the property or services are valued at more than $1,000, the charges will almost always be prosecuted at the felony level.
For example, if the value of the property was greater than $1,000 but less than $2,000, you could be prosecuted for a class six felony. However, if the property or services were worth more than $25,000, you could be facing class two felony charges.
This means the value of the stolen property or services will directly determine the extent of your criminal sentence if you are convicted.
What Are Collateral Consequences?
Collateral consequences refer to the fallout you may experience after you have completed your criminal sentence. Although you may be released from jail or prison, your life will continue to be impacted by your conviction. For instance, you may find that you are passed over for job opportunities, denied housing, or face restrictions from your probation officer.
With a theft conviction on your record, you may be denied federal student aid support, have your child custody or visitation rights taken away, face deportation if you are not a US citizen, and even have your professional license suspended or revoked.
While you may be eligible for expungement, until your petition is granted, your conviction will remain on your record indefinitely. For this reason, clearing your name of the allegations against you should be a top priority.
Get Help from a Strategic Theft Crimes Lawyer in Tempe Today
The theft crimes charges against you could be life-changing. If this is your first offense, incarceration could set you up to become a career criminal. Do not let one mistake prevent you from living the life you always dreamed for yourself.
When you have been charged with a misdemeanor or felony offense, turn to a reputable theft crimes attorney in Tempe from Suzuki Law Offices as soon as possible.
We are available 24/7 to help you through some of the most difficult times in your life. When you are ready to discuss potential defense options but are unsure of where to begin, call our office or fill out our secured contact form to schedule your confidential consultation as soon as today.
Call or text (602) 682-5270 or complete a Free Case Evaluation form