Tucson Theft & Property Crimes Defense — A Former Judge in Your Corner

Arizona’s theft statute, A.R.S. § 13-1802, defines theft broadly as knowingly controlling another person’s property with the intent to deprive them of it. This covers taking property, obtaining property by misrepresentation, using property without authority, obtaining services by misrepresentation, and keeping lost or mislaid property. The classification of the offense depends on the value of the property:

• Under $1,000 — Class 1 misdemeanor, punishable by up to 6 months in jail and $2,500 in fines plus surcharges.
• $1,000 to $1,999 — Class 6 felony, punishable by 4 months to 2 years in prison.
• $2,000 to $2,999 — Class 5 felony, punishable by 6 months to 2.5 years in prison.
• $3,000 to $3,999 — Class 4 felony, punishable by 1 to 3.75 years in prison.
• $4,000 to $24,999 — Class 3 felony, punishable by 2 to 8.75 years in prison.
• $25,000 or more — Class 2 felony, punishable by 3 to 12.5 years in prison.

Certain types of theft carry enhanced penalties regardless of value. Theft of a firearm is always a Class 6 felony. Theft of a motor vehicle is a Class 3 felony. Theft from a vulnerable adult is a Class 2 felony when the value exceeds $1,500.

Shoplifting is charged separately under A.R.S. § 13-1805 and includes removing merchandise from a store without paying, charging merchandise to a fictitious person, paying less than the actual price by altering labels or containers, and transferring merchandise from one container to another. The penalties depend on the value of the merchandise:

• Under $1,000 (first or second offense) — Class 1 misdemeanor.
• Under $1,000 (third or subsequent offense within a 5-year period) — Class 4 felony. Arizona’s “three strikes” shoplifting provision is one of the toughest in the country.
• $1,000 to $1,999 — Class 6 felony.
• $2,000 or more — Class 5 felony.
• Using an artifice, instrument, or device (booster bag, deactivation tool, etc.) — Class 4 felony regardless of value.

Retailers in Arizona frequently pursue civil recovery demands in addition to criminal charges, seeking restitution and penalties under A.R.S. § 12-691. These civil demands are separate from the criminal case and require their own response.

Many first-time shoplifting offenders are eligible for diversion programs offered through the Pima County Attorney’s Office or the Tucson City Prosecutor’s Office. Successful completion of a diversion program results in dismissal of the charges. An experienced attorney can advocate for placement in a diversion program and guide you through the process.

Arizona recognizes three degrees of burglary, each involving unlawful entry or remaining in a structure with the intent to commit a theft or felony inside:

• Third-Degree Burglary (A.R.S. § 13-1506) — Entering or remaining unlawfully in a nonresidential structure or fenced commercial yard with intent to commit a theft or felony. A Class 4 felony.
• Second-Degree Burglary (A.R.S. § 13-1507) — Entering or remaining unlawfully in a residential structure with intent to commit a theft or felony. A Class 3 felony. This is a common charge when someone is accused of entering an occupied or unoccupied home.
• First-Degree Burglary (A.R.S. § 13-1508) — Committing second-degree or third-degree burglary while knowingly possessing a dangerous weapon, explosives, or a deadly weapon. A Class 2 or Class 3 felony depending on the degree of the underlying burglary.

The State does not need to prove that a theft or felony was actually completed inside the structure—only that the defendant entered or remained with the intent to commit one. This intent can be inferred from circumstantial evidence such as possession of burglary tools, time of day, suspicious behavior, and the defendant’s statements.

Theft and property crime cases present numerous defense opportunities. Effective strategies include:

Lack of Intent. Theft requires the specific intent to deprive the owner of their property. Honest mistakes, misunderstandings, claims of right, and borrowed-versus-stolen arguments can negate the intent element. This is especially common in shoplifting cases where items were accidentally placed in a bag or cart.

Valuation Challenges. Because the value of the property determines the classification of the offense, challenging the prosecution’s valuation can reduce a felony to a misdemeanor. The relevant value is the fair market value at the time and place of the theft, not the retail price or replacement cost.

Identification Issues. In retail theft cases, the defense may challenge the identification of the defendant, particularly when surveillance footage is unclear or when loss prevention witnesses did not personally observe the alleged theft.

Constitutional Violations. Illegal stops, unlawful searches of bags or vehicles, and Miranda violations can lead to the suppression of evidence and confessions.

Diversion and Restitution. For first-time offenders, negotiating entry into a diversion program or a plea agreement involving restitution and community service can result in dismissal or reduction of charges. Proactive restitution before resolution demonstrates good faith and can influence the outcome.