Classifications of Felony Theft

Arizona breaks down theft crimes into specific offenses, depending on the facts leading up to your arrest. In fact, under Arizona Revised Statutes § 13-18-02, there are nine different subsections, meaning there are nine classifications of felony theft. If you’ve been charged with any Maricopa County theft crime, it’s imperative that you have work with an experienced attorney who is committed to defending your rights and will take your case as seriously as you do. At the Law Office of James E. Novak, we’ve been successfully representing clients in Phoenix and throughout Maricopa County for more than 25 years. We’re passionate about criminal defense and are immediately available to discuss your case with you during a free consultation.

Arizona is like many other states in that a theft offense can be considered either a misdemeanor or a felony. In most cases, the difference comes down to the value of the goods or services that were allegedly stolen. For example, most theft cases involving goods or services under $1,000 are misdemeanors unless the case involved a firearm, or the property was taken directly from another person, in which case the offense will be considered a felony.

Under Arizona Revised Statutes 13-1802, felony theft is classified based on the actions giving rise to the charges. Below is an overview of each classification:

Theft by Controlling Stolen Property: A.R.S. § 13-1802(a)(1) – Theft by controlling stolen property involves knowingly controlling property that belongs to someone else with the intent to deprive them of it. This could include taking physical control of an item without permission.

Theft by Using Misrepresentation: A.R.S. § 13-1802(a)(2) – The crime of theft by using misrepresentation refers to obtaining property by using deceit, lies, or fraudulent means. It includes cases where someone tricks another person into handing over their property.

Theft of Services: A.R.S. § 13-1802(a)(3) – Theft of services is a crime that involves obtaining services, such as utilities or professional services, without paying for them. This could involve tampering with a utility meter or using a service without permission.

Theft by Failing to Return Property: A.R.S. § 13-1802(a)(1) – If someone borrows or rents property and does not return it after the agreed-upon time, the prosecution will likely charge them with theft by failing to return stolen property. This includes scenarios like failing to return a rental car or leased equipment.

Theft by Finding: A.R.S. § 13-1802(a)(1) – The oddly-named crime of theft by finding occurs when someone finds lost or mislaid property and takes it without attempting to find the rightful owner. The law expects the finder to make reasonable efforts to return the property.

Theft by Controlling Property Without Authorization: A.R.S. § 13-1802(a)(1) – This refers to someone taking control of property they do not have permission to manage, often involving assets or funds within a business or organization.

Theft by Diverting Services or Resources: A.R.S. § 13-1802(a)(1) – Theft by diverting services or resources involves redirecting services or resources for personal use without authorization. An example might be using company resources for personal projects without permission. This is essentially Arizona’s embezzlement statute.

Each of these classifications of felony theft carry specific legal consequences, with the severity of punishment usually depending on the value of the property or services involved.

Do You Have Questions for an Experienced Phoenix Criminal Defense Attorney

If you or someone you love was recently arrested and charged with a felony theft crime, it is imperative that you have an experienced Phoenix criminal defense lawyer in your corner. While these charges are serious, there are many defenses to theft crimes that could result in a withdrawn case, a plea to less-serious charges, or a not-guilty verdict. At the Law Office of James E. Novak, our Phoenix theft crimes lawyer has extensive experience successfully defending clients charged with all types of crimes, including felony thefts. To learn more, and to schedule a free consultation today, call us at 480-413-1499. You can also reach us through our secure online contact form.