A conviction could mean six months in jail, three years probation, a $2,500 fine, and/or an 84 percent surcharge; meaning that you will pay back up to 84% of the value of the stolen items. This article was first published in the latest issue of The Week magazine. Our attorneys at Ybarra Maldonado Law Group have years of experience fighting for clients that deserve to have their voices heard. Professional, honest diligent and committed! The presumptive sentence for a fraud conviction in Arizona is five years. Although often left unexplored, a misdemeanor compromise pursuant to A.R.S. When a full background check is run, the one running the background check will still see the conviction on your record with a note that the conviction has been set aside. This may involve a civil demand letter seeking payment for the value of the stolen merchandise and additional damages. These LPOs are present at every Walmart location and monitor both the sales floor and security camera feeds to identify shoplifters. Once the store identifies you, they will usually check for other occurrences by combing their archives with facial recognition software to identify other times when you were in the store. According to Yahoo News, 20-year-old Jacob Lewis and his sister were returning home from a concert in Houston when their car stalled. The defenses that you may want to raise will depend on the specific facts of your case. Many pharmacies now put even basic items like toothpaste behind locked plexiglass, which cuts theft at the expense of actual sales. #StealinStephanie https://t.co/1QrZn5JQln Rep. Austin Smith (@azaustinsmith) April "@type": "Question", as long as its a commercial business operation that displays and sells merchandise. Many states divide shoplifting or theft offenses into grand and petty theft. Merchandise valued between $1,000 and $2,000: This is considered a Class 6 felony, punishable by up to two years in prison, a maximum fine of $150,000, and probation. "text": "There are numerous types of theft crimes, all of them legally different. A person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, the person knowingly obtains such goods of another with the intent to deprive that person of such goods by: Shoplifting However, having a theft recorded on video will normally strengthen the case against an offender and make defending the charges more difficult. 7031 Koll Center Pkwy, Pleasanton, CA 94566. After a conviction the best thing that can be done is having the conviction set aside which is Arizonas version of expungement. New York City Mayor Eric Adams cited the shoplifting crisis when asking state lawmakers to reconsider bail laws that were relaxed in 2019. I agree to be contacted by Ybarra Maldonado Law Group. WebHowever in Arizona, shoplifting charges depend on the value of a stolen item. If youre found guilty of shoplifting, many employers wont hire you. Shoplifting items valued at less than $1,000 is considered a Class 1 misdemeanor, except when the stolen property is a firearm, which results in a Class 6 felony charge. SIDE NOTE: Diversion or deferred prosecution agreements are common in many instances and allow for your case to be dismissed. Unless the person steals a firearm, regardless of value, thats automatically a class 6 felony. Ybarra Maldonado Law Group took my case and was resolved quickly. },{ WebPenalties for Fraud Charges in Arizona. Career Pokemon card thieves were arrested in Prescott Valley, Arizona, for allegedly stealing almost $500 worth of trading cards, which lead to a series of drug and firearms charges. Home > Practice Areas > Criminal Defense > Fraud & Theft > Consequences of Shoplifting at an Arizona Walmart. Below are some of the most common defenses used to drop shoplifting charges. With the assistance of an experienced criminal law attorney, you may be able to negotiate a lower classification (e.g. However, some of the more common defenses include: This involves attacking the quality of the polices investigation and the reliability of the evidence used against you. If a suspect commits a class six felony, these are the consequences: Meanwhile, a jury will charge a suspect with a class five felony when the stolen items cost more than $2,000 or when a suspect helps a group shoplift. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); DISCLAIMER: The material found on this website is intended solely for informational purposes. Over the years, weve helped hundreds of shoplifting clients and many of our clients have had their shoplifting convictions expungedor set aside. They leave." A skilled attorney can evaluate your case, develop a strong defense strategy, and advocate for the best possible outcome. "@type": "Answer", All rights reserved. 13-1805 - Shoplifting; detaining suspect; defense to Call or text us today at 602-910-4040 for a free consultation. WebBetween $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; "mainEntity": [{ An Arizona suspect was arrested on Thursday after allegedly robbing Victoria's Secret stores in Tempe at least 17 times. However, the law does allow you to request that the court set aside convictions that qualify, but the conviction will not be removed from your criminal record. Developing a shoplifting defense strategy is paramount to getting your case dismissed or reduced. Theft Crimes Client Charged with Four Felony Counts. For example, if you paid for some items but forgot to pay for other items, Arizona requires proof that you specifically intended to steal the forgotten items. ", "Ray is the best of all attorneys! What is a Class 1 misdemeanor in Arizona for shoplifting? } At Ybarra Maldonado Law Group, we have successfully defended clients accused of shoplifting in plea negotiations and at trial. Or the property taken was a YesNoUnknown. Experienced Shoplifting Lawyer in Phoenix, Arizona. There are numerous types of theft crimes, all of them legally different. Nothing on this website is intended to constitute legal advice specific to any individual or case. It includes Class 2 misdemeanors such as: leaving the scene of a car accident, criminal damage of less than $250, and reckless driving. Privacy Policy. Defining Theft in Arizona Arizona has several statutes in the theft chapter of its criminal code, some of which include shoplifting, theft of trade secrets, and theft by extortion. Heres a look at the penalties and consequences for each type of theft. This defense is a common mistake that almost everyone commits at some point. WebShoplifting is a class 5 felony if: You shoplifted over $2,000 worth of goods. Therefore, a jury should not charge the person with shoplifting. However in Arizona, shoplifting charges depend on the value of a stolen item. To protect your rights and future, it is crucial to work with a knowledgeable Scottsdale juvenile shoplifting lawyer if you or a loved one is facing these charges. In Arizona shoplifting cases, the prosecution must prove that concealed of left the store with the intent of not paying or keeping the items. Contact Chelle Law today to discuss your case and learn how we can help. "acceptedAnswer": { WebShoplifting any property between $1,000 and $2,000 is a class 6 felony, and anything over $2000 is a Class 5 felony. Loss prevention officers (LPOs) detain the shoplifter and escort them to a secure area within the store. When you receive a Notice to Appear for shoplifting, you should speak with a criminal law attorney as soon as possible. The penalties for shoplifting in Arizona vary depending on the circumstances surrounding the offense: Repeat offenders or those involved in organized retail theft may face more severe penalties. You are accused of stealing a pack of gum from a pharmacy. Removing any of the goods from the immediate display and leaving without paying the purchase price; or, Charging the purchase price of the goods to a fake person or to another person without that persons consent; or, Paying less than the purchase price of the goods by some trick or artifice such as altering, removing, substituting or otherwise disfiguring any label, price tag or marking; or, Transferring the goods from one container to another; or. These massive buildings like Walmart, Target, and Sears seem to be more at risk for petty theft than their smaller mom and pop counterparts. Our collective skills and experience enable us to provide a high level of award winning service. Shoplifting is a serious offense in Arizona and can lead to severe penalties, including fines, community service, probation, and even jail time. In either casewhether the store has eyewitness statements, video surveillance, or boththe retailer will present their evidence to the local police department when they are ready to file charges. Doctors, lawyers, accountants, and insurance salesmen are among those who have to report a shoplifting conviction. ", "I had the pleasure of consulting Mr. Maldonado on a legal issue facing my family. Simply contacting the victim and asking to buy our way out of a crime may constitute witness tampering. You may be protected by the statute of limitations if charges arent filed within 1 year, but youd need to discuss the specifics of your case with an attorney to determine that with certainty. After lobbying by major retailers, Congress passed legislation in December requiring online sellers such as Amazon to collect tax ID numbers and other information from high-volume sellers to help identity thieves. So whats the difference between theft, shoplifting, burglary, and robbery? I was at the Chiropractor the next day after my car accident. 4 Key Aspects of Tail Insurance for Physicians. For the best evaluation of the penalties you are likely to face, contact an experienced shoplifting lawyer in Arizona. It is one of the most common forms of prosecution in the state. What is the Law For Shoplifting in Arizona? This is true for major corporations and retail. If you are in need of assistance or would like to hear more about the services we offer contact Chelle Law today! 150 Phoenix, AZ 85004 | Hablamos Espaol Home Practice Areas Case Successes Testimonials About Us Resources Blog Contact Us 24/7 Shoplifting in Arizona :What to Know About ARS 13-1805 For the best evaluation of the penalties you are likely to face, contact an experienced How long does a shoplifting charge stay on your record? The presence of other accompanying charges such as assault and battery can also impact the classification and severity of the charges. A jury can charge you with a class two felony if you steal an item worth more than $25,000. Our defense attorneys are familiar with shoplifting charges for both adults and juveniles, and we can help you devise a legal plan thats best for you. Because the crime is a CIMT, many professionals are required to report to licensing boards, charges and convictions for crimes that constitute legally immoral behavior. How to Get Shoplifting Charges Dropped, 8. 13-3981 is an excellent way to avoid jail time, reduce fines and have your case dismissed. Arizona The criminal defense team at Chelle Law is dedicated to helping clients facing shoplifting charges in Scottsdale and throughout Arizona.
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