If you have been arrested for shoplifting in Arizona, you could be facing either a misdemeanor or a felony charge. These charges are serious offenses and have harsh penalties. Facing these charges is often frightening.
If you’ve been arrested, a Phoenix shoplifting defense lawyer can help.
Understanding Shoplifting Charges in Arizona
What if you are arrested for shoplifting in Arizona? It’s important to understand what constitutes shoplifting and how that affects whether it is charged as a misdemeanor or as a felony. Your Phoenix criminal defense lawyer will help you understand the charges against you.
What is Shoplifting?
In Arizona, shoplifting is charged under ARS § 13-1805. It occurs when a person knowingly takes an item from a merchant without paying for it. Intent is important, as the prosecution will need to prove that the person willfully took the item.
Included in shoplifting charges are also instances of:
- Knowingly paying less for an item than it costs. For example, swiping a different item at a self-checkout register and then taking the more expensive item instead.
- Putting an item into another container to conceal it or its price.
Is Shoplifting a Felony or a Misdemeanor?
Whether the charge is for a felony or a misdemeanor typically depends on the item(s) being stolen. Here’s how that breaks down:
- Misdemeanor: Shoplifting is generally charged as a misdemeanor if the value of the item (or items) was less than $1,000.
- Felony: Shoplifting can be charged as a Class 6 felony if the item (or items) are worth $1,000 to $2,000; it can be charged as a Class 5 felony if the value is more than $2,000; and it can be charged as a Class 4 felony if a special device was used in the theft or if the perpetrator has had two or more prior theft convictions in the past five years.
What are the Penalties for Shoplifting in Arizona?
The penalties for shoplifting in Arizona can be severe and depend on whether the offense is a misdemeanor or felony. We’ll break these down below:
Penalties for Shoplifting (Misdemeanor)
You may face:
- Up to six months of jail time.
- Up to $2,500 in fines.
- Probation.
- Restitution (paying the store back for the item or items that were taken).
Penalties for Shoplifting (Felony)
Depending on the class of felony, you may face:
- Class 6 felony: Up to two years in jail and up to $150,000 in fines. Probation and restitution may also apply.
- Class 5 felony: Up to two and a half years in jail and up to $150,000 in fines. Probation and restitution may also apply.
- Class 4 felony: Up to three years and nine months in jail and up to $150,000 in fines. Probation and restitution may also apply.
It’s important to note that felony penalties can change if you have previous felony convictions. For example, with a Class 5 felony where you had prior felony convictions, the two and a half year sentence could be raised to seven and a half years.
What Evidence is Typically Used in Shoplifting Cases?
The prosecution will need to build a strong case that you knowingly shoplifted. The evidence they use may include:
- Video evidence, such as from store surveillance cameras.
- Employee or witness testimonies.
- The stolen items, if they are found in your possession.
- Your own statements.
What Defenses are Commonly Used in Shoplifting Cases?
Your defense will be strategically built by your lawyer and will depend on the circumstances of your case. However, there are some common defenses for shoplifting, which include:
- Lack of intent: For example, if you set an item on the lower level of your shopping cart and forgot it there, then you may not have intended to leave without paying for it.
- Lack of theft: For example, you set an item in your bag and intended to pay for it, but an employee accused you before you reached the checkout.
- Unlawful search: An employee, security guard, or police officer demanded to search your bag or personal belongings without probable cause,
- Mistaken identity: For example, you looked similar to a person caught shoplifting on security camera footage.
What If You are Arrested for Shoplifting in Arizona?
If you are arrested for shoplifting in Arizona, there are a few important actions to take. These include:
- Before letting anyone search your bag or personal belongings, ensure that they have a valid reason for doing so.
- Stay calm and be polite to the arresting officer.
- Avoid explaining yourself or trying to make excuses, as these statements can be used against you.
- Ask to contact a lawyer.
- Invoke your right to remain silent after asking to speak with your lawyer.
- Follow any legal restrictions placed on you.
- Listen to your lawyer’s legal advice about next steps.
Contact a Shoplifting Defense Lawyer in Phoenix Today
What if you are arrested for shoplifting in Arizona? If you’ve been accused of, or charged with, shoplifting, then we’re here to help. At Suzuki Law Offices, our legal team is available 24/7 with the support and answers you need. We will take your case through every stage of the legal process, including representing you in court if needed.
At our firm, our background as former prosecutors gives us unique insight into the criminal charges process. We will build you a strategic defense against shoplifting charges. Contact us today and get started on your case with a free case evaluation.
Call or text (602) 682-5270 or complete a Free Case Evaluation form