Being taken into police custody on suspicion of committing any type of crime can be intimidating. However, theft crimes are unique in that the value of the stolen property determines the extent of your penalties. You could be looking at serious jail time if you are convicted.
Thankfully, with help from a reputable Nogales theft crimes lawyer from Suzuki Law Offices, you can take charge of your defense strategy. Our team has been serving the community since 2007 and has over 30 years of combined experience, making us a premier choice when you are searching for the right Nogales criminal defense lawyer to take on your case.
Contact us to request a free consultation today and learn more about what to expect next and how best to approach your defense.
What to Expect When Facing Theft Charges
Your dedicated Nogales theft crimes attorney with Suzuki Law Offices is here to give you an overview of criminal defense in Arizona and help you get through some of the most challenging times in your life. In the aftermath of your arrest, you may be confused, terrified, and worried about what the future might bring.
To help give you some insight into what is to come, we have included information below regarding what to expect when facing theft charges:
You Are Arrested and Booked
Once police believe you have committed the theft crime and have probable cause to get an arrest warrant, you will be taken into police custody.
You will likely be taken to the Nogales Police Department for booking. The county court will handle your case if you are charged with a misdemeanor theft crime and the superior court if you are facing felony theft charges.
You Have an Arraignment
You may be held until your arraignment, at which point you will enter your plea of guilty, not guilty, or no contest. If you plead not guilty, you will be given a trial date.
We Request Bail
At arraignment, we will also discuss bail. The judge will consider multiple factors when determining whether to grant bail and, if so, what your bail amount should be. If the judge does not consider you a flight risk and the value of the alleged stolen goods or services is not high, they may be more willing to grant bail at a reasonable rate.
However, if the judge believes you might not appear at your next court date or considers the nature of the crime to be particularly abhorrent, it is possible bail could be denied. If bail is granted, you will need to post bond before you can be released. If bail is denied, you will remain in police custody until your next court date.
How to Approach Your Theft Defense
Figuring out how to best approach your theft defense strategy is one of our top priorities. Your Nogales theft crimes lawyer will need to consider not only the current charges against you but any aggravating or mitigating factors that could lead to enhanced or reduced penalties, respectively. Some of the most common defenses we used to challenge theft crime allegations include:
- Claim of right – If you genuinely believed that you had a right to the property in question or were a partial owner, you should not be prosecuted for theft.
- Duress – If you were forced to commit the theft crime under the threat or use of intimidation or violence, we might be able to get the charges against you dismissed.
- Entrapment – If law enforcement officials convinced you to commit a theft crime you would not have otherwise committed, you may be able to argue entrapment at trial.
- False accusations – If someone falsely accused you of committing theft with the intent of having you prosecuted, you may be able to avoid a conviction.
- Lack of intent – The district attorney must prove that you intended to deprive the property owner of their property without their permission. If you did not have this intent, you should not be found guilty.
You may also have a strong defense if the property owner gave you permission to borrow the property in question. We will have a better idea of which defenses are most appropriate for your case after reviewing the specific circumstances of the charges against you.
In some cases, avoiding trial with pretrial diversion as described under ARS § 9-500.22 or a plea agreement may be in your best interests.
Expect Your Life to Be Profoundly Affected if You are Convicted
As one of the 4 most common types of felony offenses, your life will be turned upside down if you are convicted of a theft crime. Most theft offenses are prosecuted at the felony level. Nogales burglary defense lawyer will do everything possible to reduce your charges to a misdemeanor.
However, your theft crime classification depends on the value of the stolen property. As described in the theft statute under ARS § 13-1802, if the property is worth less than $1,000, misdemeanor charges apply. If the property is worth more than $1,000, you will be charged at the felony level.
As outlined by the Criminal Code Sentencing Provisions, felony penalties vary considerably. If the value of the property is less than $3,000 but more than $2,000, you could be charged with a class five felony, punishable by up to two years in prison and $150,000 in fines.
However, if the property is worth $25,000 or more, expect class two felony charges, punishable by up to 35 years in prison if you have a long criminal history of thievery.
Get Help from a Theft Crimes Lawyer in Nogales Today
Although you may be feeling embarrassed, overwhelmed, and unsure of what the future might bring, no one is going to advocate for your rights better than you. Our team is here to help you build a powerful defense strategy so you can avoid some of the harsh criminal penalties associated with theft.
Get the legal guidance and support you need from a respected theft crimes attorney in Nogales from Suzuki Law Offices.
We have spent decades refining our legal skills, navigating the complexities of the criminal justice system, and protecting the innocent and accused. Have our team put our resources and diligent trial experience to work for you. Fill out our confidential contact form or call our office to schedule your free consultation as soon as today.
Call or text (602) 682-5270 or complete a Free Case Evaluation form