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THEFT / FRAUD
Although property offenses are generally not punished as harshly
as violent offenses, they still must be defended vigorously in
order to prevent the stigma associated with a conviction and
potential confinement time. The punishment associated with these
charges is generally dependent upon the monetary value of the
property taken.
A
thorough investigation may reveal that the police performed an
unlawful search in order to seize the property. You should hire
an Attorney who is willing to go all out to zealously represent
your interests by personally handling all legal aspects of your
case:
I WILL
PERSONALLY HANDLE YOUR CASE
Theft: A.R.S. §13-1802: Generally,
theft is the wrongful taking or control over the property or
services of another without justification or excuse. The
classification of the offense depends upon the amount of
property or services taken. [Possible Sentence]
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| $25,000 or more |
Class 2 Felony |
| $3,000-less than $25,000 |
Class 3 Felony |
| $2,000-less than $3,000 |
Class 4 Felony |
| $1,000-less than $2,000 |
Class 5 Felony |
| $250-less than $1,000
|
Class 6 Felony |
| 0-less than $250 |
Class 1 Misdemeanor, unless
taken from person of another or is a firearm,
then Class 6 Felony |
Shoplifting: A.R.S. §13-1805:
Generally, a person commits shoplifting if he or she obtains
property from a store without properly paying for it. A merchant
with reasonable cause may detain someone they suspect of
shoplifting. If wrongfully detained, you may have an action
against the store for false imprisonment. The classification of
the offense depends upon the amount of property taken. [Possible
Sentence]
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| Greater than $2,000 |
Class 5 Felony |
| Greater than $250 –less than
$2,000 |
Class 6 Felony
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| 0-less than $250 |
Class 1 Misdemeanor, unless item
taken is a firearm, then it is a Class 6 Felony.
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Issuing a Bad Check: A.R.S.
§13-1807: A person commits this offense if the person issues or
passes a check knowing that they don’t have sufficient
funds in or on deposit with the bank for the payment in full of
the check as well as all other checks outstanding. Possible
defenses include if the person receiving the check has knowledge
that there were insufficient funds prior to cashing or
depositing the check, the check is postdated and sufficient
funds are on deposit on such later date for the payment in full
of the check, or insufficiency of funds results from an
adjustment to the person's account by the bank without notice to
the person. Violation of this offense is a Class 1 Misdemeanor.
[Possible Sentence]
Robbery: A.R.S. §13-1902: When
committing a theft offense, if a person threatens or uses force
against any person with intent either to coerce surrender of
property or to prevent resistance to such person taking or
retaining property, then that person can be charged with
Robbery. Robbery is a Class 4 Felony. [Possible Sentence]
Aggravated Robbery: A.R.S.
§13-1903: When committing a robbery as set forth above, if aided
by an accomplice, then the charge can be brought as an
Aggravated Robbery. Aggravated Robbery is a Class 3 Felony.
[Possible Sentence]
Forgery: A.R.S. §13-2002: A person
commits forgery if, with intent to defraud, the person falsely
makes, completes or alters a written instrument; knowingly
possesses a forged instrument; or offers or presents, whether
accepted or not, a forged instrument or one that contains false
information. Forgery is a Class 4 Felony. [Possible Sentence]
Fraudulent Use of a Credit Card:
A.R.S. §13-2105: A person uses a credit card fraudulently when
he or she uses a forged, expired, cancelled or revoked credit
card to obtain goods or services or represent that he or she is
the person to whom the card has been issued, when they are not.
The classification of the offense depends upon the amount of
property taken. [Possible Sentence]
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| Greater than $1,000 in 6 months |
Class 5 Felony |
| Greater than $250-less than
$1,000 in 6 months |
Class 6 Felony |
| 0-less than $250 |
Class 1 Misdemeanor
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THEFT OFFENSE PUNISHMENTS
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Charge |
First Offense |
Second Offense |
Third Offense |
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THEFT
A.R.S.
§13-1802
Class 1
Misdemeanor to Class 2 Felony depending upon amount
taken |
Probation to 12.5 years
|
Probation to 23.25
years |
Probation to
35 years
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SHOPLIFTING
A.R.S.
§13-1805
Class 1
Misdemeanor to Class 5 Felony depending upon the
amount taken |
Probation to
2.5 years |
Probation to
3.75 years |
Probation to
7.5 years
 |
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ISSUING A BAD CHECK
A.R.S.
§13-1807
Class 1
Misdemeanor |
Probation to
6 months |
Probation to
6 months |
Probation to
6 months
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ROBBERY
A.R.S.
§13-1902
Class 4 Felony
|
Probation to 3.75 years |
2.25 years to
7.5 years |
6 years to
15 years
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AGGRAVATED ROBBERY
A.R.S.
§13-1903
Class 3 Felony |
Probation to 8.75 years |
3.5 years to
16.25 years |
7.5 years to
25 years
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FORGERY
A.R.S.
§13-2002
Class 4 Felony |
Probation to 3.75 years |
2.25 years to
7.5 years |
6 years to
15 years
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FRAUDULENT USE OF A CREDIT CARD
A.R.S.
§13-2105
Class 1
Misdemeanor to a Class 5 Felony depending upon the
amount taken |
Probation to
2.5 years |
Probation to
3.75 years |
Probation to
7.5 years
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Other services
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