A shoplifting charge might seem minor on the surface. However, in Arizona, even a first offense can carry real consequences. You may face thousands of dollars in fines, probation, and a criminal record that can follow you for years. If you’re facing charges, you want a shoplifting defense lawyer in Phoenix who takes your case as seriously as you do.
Since 2007, our theft crimes lawyers in Phoenix at Suzuki Law Offices have stood beside clients who are unsure what comes next. We get it. Lead attorney RJ Suzuki is a former federal prosecutor. He knows exactly how the other side builds a case, and he knows how to fight back.
Reach out today to schedule a consultation with our legal team. We’re not going anywhere until your case is resolved.
Why Choose Our Shoplifting Lawyers in Phoenix to Defend Your Case?
Not all Phoenix criminal defense lawyers are the same. When you’re facing shoplifting charges, you want someone who understands how prosecutors think. Someone who has been on that side of the courtroom.
RJ Suzuki used to be an Assistant United States Attorney and a federal prosecutor. He knows what prosecutors look for and where the weaknesses in a case tend to be. That experience translates directly into a stronger, smarter defense strategy for you.
Beyond RJ’s background, our Phoenix shoplifting defense attorneys bring:
- 30 years of combined legal experience across criminal defense and personal injury.
- Former law enforcement investigators on staff who can dig into the facts of your case with a level of detail most firms simply can’t match.
- 24/7 availability.
- A team that treats clients like family, not a case number or a file on a desk.
Our Phoenix shoplifting attorneys at Suzuki Law Offices will handle every aspect of your case, from analyzing the evidence against you to ensuring that your rights were not violated during the initial arrest.
Penalties for Shoplifting in Arizona
If you have been arrested for shoplifting in Phoenix, AZ, whether for stealing from a store at Scottsdale Fashion Square or Kierland Commons, the penalties you face will depend on the seriousness of the crime. The more valuable the property, the more serious the criminal charges and the resulting penalties of a conviction.
Additional factors can also include whether you have a prior criminal history, what type of item was stolen, and if you resisted arrest. Charges can be broken down as follows:
- Property valued at less than $1,000: Class 1 misdemeanor.
- Property valued between $1,000 and $2,000: Class 6 felony.
- Property valued at $2,000 or more: Class 5 felony.
- When the item stolen is a firearm: Class 6 felony.
- Using a device to facilitate shoplifting: Class 5 felony.
For a Class 1 misdemeanor, you could face up to six months in jail and $2,500 in fines. For a Class 6 felony, you could face up to 18 months in prison and $150,000 in fines. For a Class 5 felony, you could face up to 2.5 years in prison and $150,000 in fines.
Additional Penalties for Retail Theft in Phoenix
While jail time and fines are often the main thing on a defendant’s mind, a conviction can have far-reaching effects on your whole life. You may face:
- Social stigma.
- Negative effects on your immigration status.
- Inability to find a job or obtain housing.
- Impacts on child custody and visitation rights.
At Suzuki Law Offices, we aim to protect your future by building a strong defense against shoplifting allegations.
What Defenses Are Available for Shoplifting Charges?
Being charged is not the same as being convicted. There are real, legitimate defenses to shoplifting charges in Arizona. Our legal team at Suzuki Law Offices will build a legal strategy tailored to the unique circumstances of your case.
Lack of Intent
Shoplifting requires intent. You have to knowingly attempt to deprive the store of its merchandise. If you accidentally walked out with an item (forgot it was in your cart, got distracted, or made a genuine mistake), that’s a meaningful defense.
Prosecutors have to prove you meant to steal. That’s not always easy to do.
Mistaken Identity or False Accusation
Store security footage is not always clear. Witnesses make mistakes. In busy retail environments, it’s not unheard of for the wrong person to be accused. If the identification of you as the suspect is shaky, that’s something your attorney can challenge directly.
Lack of Evidence
The prosecution must have evidence against you to prove their claim and win a conviction. If the evidence against you is weak or was somehow obtained illegally, your attorney can move to have it suppressed. Your attorney may also argue that the case simply doesn’t meet the legal standard for conviction.
Improper Detention or Unlawful Search
Arizona law does allow merchants to detain suspected shoplifters in specific circumstances. The detention must be reasonable in the eyes of the law. You cannot be detained for extended periods or subjected to excessive force.
If excessive force was used or an unlawful search was conducted, it can weaken the admissibility of evidence and the strength of the case against you.
Negotiated Reduction or Diversion
Even when there is evidence, you still have options. Your lawyer may be able to negotiate with prosecutors to reduce the charge. We may also seek alternative sentencing like community service or diversion programs.
For first-time offenders, especially, these options can keep a conviction off your record entirely.
Phoenix Shoplifting Charges Frequently Asked Questions
If you’ve been charged with shoplifting, you are likely facing a lot of uncertainty. Here are the answers to questions we commonly see from clients dealing with shoplifting accusations:
What Is Shoplifting Under Arizona Law?
Most people think of retail theft as simply walking out of a store without paying. But Arizona law defines it more broadly than that. Under Arizona Revised Statutes 13-1805, shoplifting includes:
- Removing merchandise without paying: Taking goods from a display or anywhere inside a store without purchasing them.
- Charging to a fake or unauthorized account: Using a fictitious name or someone else’s account without permission to pay for goods.
- Altering price tags or labels: Switching, removing, or defacing a price tag to pay less than the actual price.
- Transferring goods between containers: Moving merchandise from one container to another to conceal it or misrepresent its value.
- Concealment: Hiding unpurchased merchandise on your person or in a bag while still inside the store.
That last one matters more than people realize. You don’t have to walk out the door to be charged. Simply concealing an item inside the store can be enough for an arrest. With our legal counsel, you’ll understand the charges against you and what they could mean for your future.
Can You Face Civil Penalties for Shoplifting?
Yes. In Arizona, merchants have the right to sue adult and emancipated minor shoplifters in civil court for damages. Damage awards can be sought for the value of the stolen items, as well as an additional penalty. If the convicted shoplifter is an adult or emancipated minor, they can face a $250 civil penalty plus the retail value of the stolen goods.
If the convicted shoplifter is a minor, their parents or legal guardian can face a $100 civil penalty plus the retail value of the stolen goods. Our shoplifting defense attorneys in Phoenix work to help clients avoid that impact. We pursue every available option.
What Evidence Can Be Used Against You in a Shoplifting Case?
Shoplifting cases are typically built on key pieces of evidence that can prove that you knowingly and intentionally tried to take property from a store without purchasing it. Common evidence includes:
- Witness statements, such as from a store clerk or security guard.
- The stolen merchandise.
- Forensic evidence, such as your fingerprints.
- Video footage from security cameras.
- Your own admissions during the initial arrest or questioning.
It’s important to note that a police officer still needs probable cause for searching your person or arresting you. If they did not have probable cause, the Suzuki Law Offices team may be able to get evidence or even the entire case dismissed.
Contact Our Shoplifting Attorneys in Phoenix Today
If you are facing theft charges for shoplifting in Phoenix or anywhere in Maricopa County, the decisions you make now can directly affect your future. Whether you have been arrested or are under investigation, working with a criminal defense lawyer can help you protect your rights and work through the criminal justice system with confidence.
We will fight for your best possible outcome, not just the easiest solution to your case. At Suzuki Law Offices, our Phoenix shoplifting attorneys handle a wide range of theft cases. If necessary, we are fully prepared to take your case to trial to fight for the best possible outcome.
Still wondering why you should hire a criminal defense lawyer? Call us today for a free consultation. We’re always available, and we’re ready to be your voice in action. Suzuki is your lawyer.
Call or text (602) 682-5270 or complete a Free Case Evaluation form