Shoplifting: ARS 13-1805 - Salwin Law Group Your attorney may also raise defenses by way of Constitutional legal challenges including: Miranda Violations, illegal search and seizure violations and right to counsel violations. Between four months and a maximum of 2 years in prison. They may request identification and document the incident. All rights reserved. WebShoplifting is a class 5 felony if: You shoplifted over $2,000 worth of goods. This is because witness testimonies are the least reliable type of evidence. In Arizona, shoplifting laws are defined under ARS 13-1805 and classify the offense based on the value of the stolen items. Many conservatives argue that the problem has been worsened by liberal criminal justice policies such as ending cash bail and ending prosecution of low-level offenses. WebThird Offense: 2.25 -5.75 Years Prison. There are three popular defenses against shoplifting charges: lack of intent, lack of knowledge, and Miranda rights violations. as long as its a commercial business operation that displays and sells merchandise. We have successfully defended clients accused of organized retail theft, armed robbery, and other serious crimes. 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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. The Arizona Revised Statutes 13-1805 outlines the specific penalties for shoplifting, which are summarized below: The value of the stolen items plays a significant role in determining the severity of shoplifting charges. "acceptedAnswer": { The April 19, 2023, theft was just the tip of the iceberg, as the business owner suspected that the duo had stolen items on eight separate occasions since September 2022. 2023 Chelle Law. Many states divide shoplifting or theft offenses into grand and petty theft. "@type": "Answer", Between 1 and a maximum of 3.75 years in prison. Whether youve been charged with a felony or misdemeanor, a conviction can mean jail time and will wreak havoc by implicating professional licensing, your immigration status, background checks, job opportunities and security clearances. He's very smart and always has a positive attitude. Shoplifting in Arizona :What to Know About ARS 13-1805 170Scottsdale, AZ 85250, Phoenix2330 N. 75th Ave, Suite 211APhoenix, AZ 85035, Immigration Law Family Law Criminal DefenseEmployment Law Personal Injury Estate Planning ALTCS Other Practice Areas, COPYRIGHT JACKSONWHITE PC, 2023, ALL RIGHTS RESERVED, Consequences of Shoplifting at an Arizona Walmart. "text": "In Arizona, the law defines shoplifting as knowingly removing an item from a retail store without paying for it. The same week, other Pokemon gamers helped raise $125,000 for the family of a man killed by a drunk driver. An Arizona suspect was arrested on Thursday after allegedly robbing Victoria's Secret stores in Tempe at least 17 times. For items valued between $1,000 and $2,000, shoplifting is classified as a Class 6 felony. The statute of limitations is (1) one year for a misdemeanor and (7) seven years for a felony. There are a number of ways to prove lack of intent, such as: The lack of knowledge defense is often used in cases where the price tag on the shoplifted item is swapped for a tag from a less expensive item. Sometimes, forgetting to pay for an item is a simple mistake because people will put it in their purse or pocket with full intent to pay. The Arizona Revised Statutes 13-1805outlines the specific penalties for shoplifting, which are summarized below: Class 1 Misdemeanor:The stolen items are Known James hearings because they derive from a Supreme Court case called U.S. v James, theses are special hearings that take place prior to a jury trial. Arizona shoplifting charges have substantial collateral consequences because they are known as a crime involving moral turpitude (CIMT). This legal categorization means that the crime is generally considered depraved or immoral. Shoplifting is a very common offense in Arizona, but that doesnt mean its easy to deal with the repercussions. 1. Phoenix Shoplifting Attorney | Petty Theft Defense Lawyer 13-1805, and it can be charged as either a felony or a Criminal trespass in the second degree. Shoplifting is a form of theft, which can be a misdemeanor or a felony depending on the value of the stolen property. Therefore, a jury should not charge the person with shoplifting. A conviction for a CIMT offense can have consequences even greater than those some suffer through the criminal court system. 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. Our collective skills and experience enable us to provide a high level of award winning service. If youve been charged with shoplifting in Arizona, unfortunately youre looking at a crime that has consequences both in court and out of court. Being caught on camera does not change the nature of the charges. Anyone who shoplifts between $1,000 and $2,000 worth of
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