Tucson Theft Defense Attorneys

Defense Law Firm for Shoplifting, Burglary and Larceny in Pima County

Misunderstandings regarding property happen all of the time. You may have thought an item was free for you to take or was being given to you, only to discover another person claims you stole it. You might have thought you had permission to borrow your friend's car, only to get pulled over by the police. At The Behan Law Group, P.L.L.C., we understand simple mistakes often lead to serious allegations. If you are facing theft charges, contact us today at 520-220-5047 to learn more about the charges and how we can protect your rights and defend you in court.

Arizona Theft Charges

In general, you can be charged with the crime of theft if you take something that does not belong to you without permission. However, Arizona's laws specifically lay out numerous types of theft that can lead to misdemeanor or felony charges.

Under Arizona statute 13-1802(A), you can be charged with theft if you knowingly:

• Take control of another person's property with the intent to keep it from them;
• Use another person's property or services for a longer period of time than you were given permission for, or use the property or services in a way the owner did not consent to;
• Obtain another person's property or services by lying with the intent to keep their property or services from them;
• Possess property you know or have reason to know was stolen; or
• Obtain another person's services you know are available for compensation, yet you do not pay.

Under statute 13-1802(B), you can be charged with theft if, without permission, you knowingly take control or use a vulnerable adult's property, while you were in a position of trust or confidence, and with the intent to keep the vulnerable adult's property. A vulnerable adult may be an elderly or disabled individual.

Penalties for Theft

The specific charge for a theft offense depends on the value of the property or services allegedly stolen. The punishments for specific values of property or services are:

• More than $25,000: Class 2 felony, punishable by four to 10 years imprisonment;
• Between $4,000 and $25,000: Class 3 felony, punishable by two and a half to seven years imprisonment;
• Between $3,000 and $4,000: Class 4 felony, punishable by one and a half to three years imprisonment;
• Between $2,000 and $3,000: Class 5 felony, punishable by nine months to two years imprisonment;
• Between $1,000 and $2,000: Class 6 felony, punishable by six months to one and a half years imprisonment; and
• Less than $1,000: Class 1 misdemeanor, punishable by up to six months imprisonment.

In spite of these guidelines, certain factors can lead to more serious charges and punishments. For instance, if you are accused of stealing a firearm, you will be charged with a Class 6 felony, no matter the gun's value.

Defending Against Theft Charges

It is possible to defend against theft charges, including by arguing that:

• You had consent to use someone else's property;
• You were acting under a mistake of fact (that is, you did not know that property was stolen); or
• You received the property as a gift.

Contact Our Santa Cruz County Theft Defense Lawyers Today

If you have been charged with theft, whether it is for shoplifting items worth less than $100 or for stealing a significant and valuable piece of property, contact the criminal defense lawyers of The Behan Law Group, P.L.L.C. at 520-220-5047 as soon as possible. Once we are on your case, we will review the facts and evidence piece by piece to determine the strongest defense available.