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]

$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]

Greater than $2,000 Class 5 Felony
Greater than $250 –less than $2,000 Class 6 Felony
0-less than $250 Class 1 Misdemeanor, unless item taken is a firearm, then it is a Class 6 Felony.


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]

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

 

THEFT OFFENSE PUNISHMENTS

Charge

First Offense

Second Offense

Third Offense

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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