Arizona Property Crime Defense Attorney
This article discusses the following:
Whether you are facing charges for burglary, theft, vandalism, or another property crime, having a skilled attorney on your side can make a significant difference in the outcome of your case.
By working with an experienced Arizona property crime defense attorney, you can ensure that your rights are protected and that you have the best possible defense strategy in place.
Understanding Types of Property Crime
Property crimes in Arizona include a variety of offenses, each with its own specific elements and legal definitions. The most common types include:
- Theft (A.R.S. § 13-1802): Unauthorized control over someone's property with the intent to deprive them of it.
- Burglary (A.R.S. § 13-1506 to 13-1508): Entering or remaining unlawfully in a structure with the intent to commit theft or any felony.
- Criminal Damage (A.R.S. § 13-1602): Recklessly defacing, damaging, or tampering with another's property.
- Shoplifting (A.R.S. § 13-1805): Removing goods from a retail establishment without paying for them.
- Trespassing (A.R.S. § 13-1502 to 13-1504): Entering or remaining on another's property without permission.
These crimes can range from minor offenses to serious felonies, depending on the circumstances and the value of the property involved.
When Does Property Crime Become a Felony?
In Arizona, property crimes become felonies based on the value of the property and the nature of the crime.
For theft, if the stolen property's value exceeds $1,000, it is typically classified as a felony.
Burglary charges are generally considered felonies, with first-degree burglary involving a weapon being the most severe.
Criminal damage is also deemed a felony when the damage exceeds $1,000.
Felony property crimes carry harsher penalties, including longer prison sentences and significant fines, compared to misdemeanors.
What Are the Penalties for Committing a Property Crime?
▶ Theft (A.R.S. § 13-1802): Misdemeanor theft (value under $1,000) can result in up to 6 months in jail, $2,500 in fines, probation, and restitution. Felony theft ranges from Class 6 (value $1,000-$2,000) with 4 months to 2 years in prison to Class 2 (value over $25,000) with 3 to 12.5 years in prison and fines up to $150,000.
▶ Burglary (A.R.S. § 13-1506 to 13-1508): Third-degree (Class 4 Felony) carries 1 to 3.75 years in prison. Second-degree (Class 3 Felony) involves a residential structure and results in 2 to 8.75 years in prison. First-degree (Class 2 Felony) involves a weapon and leads to 3 to 12.5 years in prison.
▶ Criminal Damage (A.R.S. § 13-1602): Misdemeanor (damage under $1,000) results in up to 6 months in jail. Felony damage ranges from Class 6 ($1,000-$2,000) with 4 months to 2 years in prison to Class 4 (over $10,000) with 1 to 3.75 years in prison.
▶ Shoplifting (A.R.S. § 13-1805): Misdemeanor (value under $1,000) results in up to 6 months in jail. Felony shoplifting ranges from Class 6 ($1,000-$2,000) to Class 5 (value $2,000-$3,000 or gang-related) with up to 2.5 years in prison.
▶ Trespassing (A.R.S. § 13-1502 to 13-1504): Penalties range from up to 30 days in jail for third-degree (Class 3 Misdemeanor) to 4 months to 2 years for first-degree (Class 6 Felony) involving a critical public service facility.
| Crime | Classification | Penalties |
|---|---|---|
| Theft | Misdemeanor (Value under $1,000) | Up to 6 months in jail, fines up to $2,500, probation, restitution |
| Theft | Class 6 Felony (Value $1,000 - $2,000) | 4 months to 2 years in prison, fines up to $150,000, probation, restitution |
| Theft | Class 5 Felony (Value $2,000 - $3,000) | 6 months to 2.5 years in prison, fines up to $150,000, probation, restitution |
| Theft | Class 4 Felony (Value $3,000 - $4,000) | 1 to 3.75 years in prison, fines up to $150,000, probation, restitution |
| Theft | Class 3 Felony (Value $4,000 - $25,000) | 2 to 8.75 years in prison, fines up to $150,000, probation, restitution |
| Theft | Class 2 Felony (Value over $25,000) | 3 to 12.5 years in prison, fines up to $150,000, probation, restitution |
| Burglary | Third-degree (Class 4 Felony) | 1 to 3.75 years in prison, fines up to $150,000, probation, restitution |
| Burglary | Second-degree (Class 3 Felony) | 2 to 8.75 years in prison, fines up to $150,000, probation, restitution |
| Burglary | First-degree (Class 2 Felony) | 3 to 12.5 years in prison, fines up to $150,000, probation, restitution |
| Criminal Damage | Misdemeanor (Damage under $1,000) | Up to 6 months in jail, fines up to $2,500, probation, restitution |
| Criminal Damage | Class 6 Felony (Damage $1,000 - $2,000) | 4 months to 2 years in prison, fines up to $150,000, probation, restitution |
| Criminal Damage | Class 5 Felony (Damage $2,000 - $10,000) | 6 months to 2.5 years in prison, fines up to $150,000, probation, restitution |
| Criminal Damage | Class 4 Felony (Damage over $10,000) | 1 to 3.75 years in prison, fines up to $150,000, probation, restitution |
| Shoplifting | Misdemeanor (Value under $1,000) | Up to 6 months in jail, fines up to $2,500, probation, restitution |
| Shoplifting | Class 6 Felony (Value $1,000 - $2,000 or prior convictions) | 4 months to 2 years in prison, fines up to $150,000, probation, restitution |
| Shoplifting | Class 5 Felony (Value $2,000 - $3,000 or gang-related) | 6 months to 2.5 years in prison, fines up to $150,000, probation, restitution |
| Trespassing | Third-degree (Class 3 Misdemeanor) | Up to 30 days in jail, fines up to $500, probation, community service |
| Trespassing | Second-degree (Class 2 Misdemeanor) | Up to 4 months in jail, fines up to $750, probation, community service |
| Trespassing | First-degree (Class 1 Misdemeanor) | Up to 6 months in jail, fines up to $2,500, probation, community service |
| Trespassing | First-degree (Class 6 Felony) | 4 months to 2 years in prison, fines up to $150,000, probation, community service |
Contact us today to schedule a
FREE CONSULTATION and learn
how we can help you.
Can I Be Charged With Multiple Property Crimes?
Yes, it is possible to be charged with multiple property crimes in Arizona.
This can occur when a single act involves multiple offenses or when a series of actions constitutes different crimes.
For example, breaking into a home (burglary) and stealing items (theft) can lead to separate charges for each crime. Similarly, damaging property while unlawfully being on someone's property can result in charges for both criminal damage and trespassing.
Defenses to Personal Property Crimes in Arizona
Facing charges for personal property crimes in Arizona can be daunting, but several defenses may be available depending on the specifics of your case. An experienced property crime lawyer can help identify the most appropriate defense strategy.
Here are some common defenses:
Lack of Intent
One of the key elements in many property crimes, such as theft and burglary, is intent. If it can be demonstrated that you did not intend to commit the crime, this defense can be effective.
For example, if you mistakenly took an item believing it to be yours, the lack of intent can be a strong defense.
Consent
- If the property owner consented to your actions, you cannot be guilty of a property crime. This defense is applicable in situations where the owner permitted you to take or use the property of another.
- Evidence such as written or verbal agreements can support this defense.
Mistaken Identity
In cases where you have been wrongfully identified as the perpetrator, the defense of mistaken identity can be used. Eyewitness testimony, surveillance footage, or alibi evidence can help prove that you were not the person who committed the crime.
Lack of Evidence
The prosecution must prove beyond a reasonable doubt that you committed the crime. If there is insufficient evidence to establish your guilt, this defense can lead to a dismissal of charges. Your property crime lawyer can challenge the credibility of the prosecution’s evidence and witnesses.
Entrapment
Entrapment occurs when law enforcement induces someone to commit a crime they would not have otherwise committed.
If you can prove that you were coerced or persuaded by police officers to commit the property crime, entrapment can be a valid defense. Our firm has extensive experience in handling entrapment defenses.
Duress
If you committed the crime under threat of harm or coercion, the defense of duress may apply. This means you were forced to commit the crime to avoid immediate danger to yourself or others.
Misunderstanding or Accident
Sometimes, property crimes occur due to misunderstandings or accidents. If you can show that the act was accidental or resulted from a misunderstanding, this can be a valid defense.
For example, unintentionally damaging property or unknowingly taking someone else's item.
Contact a Criminal Defense Attorney From Kolsrud Law
Facing property crime charges demands a defense attorney with unparalleled expertise and insight into the prosecution's strategies. Josh Kolsrud, founder of Kolsrud Law Offices, is exceptionally qualified to provide representation.
With over 3,500 cases and more than 100 jury trials under his belt, Josh’s prosecutorial experience is extensive.
Contact Josh Kolsrud at Kolsrud Law Offices at (602) 638-3790 for personalized legal assistance.
An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
Experience
Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
Expertise
Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
Dedication
As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort