Felony Theft

In Arizona, only the theft of things of small value and certain shoplifting offenses are misdemeanors. Other theft offenses are felony charges. Given the lifelong consequences of a felony in Arizona, it is advised that you seek that counsel of an experienced Maricopa County criminal lawyer as soon as possible after your felony theft arrest in Mesa, Tempe or the surrounding areas.

Founded on over 15 years of experience and a strong commitment to the defense needs of the individual client, the Law Offices of James E. Novak is committed to finding and executing the strongest defense possible for your felony theft or other Arizona criminal case. As a former prosecutor for the Maricopa County District Attorney's office, James Novak knows what strategies the prosecution will likely use against you – and how to defend against them.

If you have been arrested and charged with a felony theft offense in the Maricopa County area, such as in Mesa and Tempe, contact the Law Offices of James E. Novak today. James Novak will fight for your rights and your future from an Arizona felony conviction. For your free consultation on what the Law Offices of James E. Novak can do for your felony case, call (480) 413-1499 today and schedule your free initial case consultation.

• Adequate Consideration - property was given to the person as payment for goods or services provided by that person, and the payment was at a customary rate for those goods and services in the community that the vulnerable adult resided in at the time of the trade
• Ferrous or Nonferrous Metal – ferrous metals are metals that attract a magnet, and nonferrous metals are those that don’t normally attract magnets, such as copper, brass, and aluminum.
• Pattern of Gift Giving - two or more gifts that are the same or similar in type and monetary value
• Position of Trust and Confidence - A person who has assumed a duty to provide care to, is a joint tenant with, in a fiduciary relationship with, or in a confidential relationship with a vulnerable adult
• Property - all forms of real and personal property
• Vulnerable Adult - anyone 18 or older who is unable to protect him or herself from abuse, neglect, or exploitation by others due to a physical or mental impairment, including any person impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause to the extent that he or she lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person

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In Arizona, theft is defined by an act in which when the actor knowingly does any of the following without lawful authority:

• With the intent to deprive a person of his or her property, controls that person’s property;
• When services or property of another is entrusted to the defendant or placed in his or her possession for a limited, authorized term or use, the defendant converts the services or property for an unauthorized term or use;
• Obtains services or property though material misrepresentation with the intent to deprive another person of that property or those services;
• If, under circumstances in which the person had means of asking who the true owner is, comes into control of lost, mislaid, or misdelivered property and keeps it or gives it to another without a reasonable effort of notifying the true owner;
• Controls another’s property with the actual knowledge or suspicion that the property was stolen;
• Obtains services without providing necessary compensation or diverts services without the authority to do so; or
• Takes control, title, use, or management of a vulnerable adult’s property with the intent to deprive the vulnerable adult of that property while acting in a position of trust and confidence.

In cases involving vulnerable adults, it is an affirmative defense if the property was a gift consistent with a pattern of gifts before the adult became vulnerable or if the superior court approved the transaction before it occurred. If you are considering the use of an attorney in your defense strategy, it is best to contact an experienced Maricopa County theft defense lawyer as soon as possible after your arrest.

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Becoming a felon in Arizona comes with more than just the statutory penalties for your theft offense – it also means sanctions like the ineligibility for certain professional and educational opportunities and the loss of certain civil rights, as well as a lifelong social stigma. The circumstances of your case, such as the value of what was stolen or the involvement of violence is what determines what degree of felony your theft offense falls in. The following are the classes of Arizona felonies, their penalties, and what form of simple theft falls under which class:

Class 6 Felony Theft

• 6 months to 18 months in jail and/or
• $750 or more in fines
• Value of firearm or animal taken for fighting is $999.99 or less
• Value of property is $1,000 to $1,999.99

Class 5 Felony Theft

• 9 months to 2 years in jail and/or
• $750 or more in fines
• Property value is $2,000 - $2,999.99

Class 4 Felony Theft

• 18 months to 3 years in jail and/or
• $750 or more in fines
• Vehicle transmission or vehicle engine of any value
• Property value is $3,000 to $3,999.99
• Robbery

Class 3 Felony Theft

• 2 ½ to 7 years in jail and/or
• $750 or more in fines
• Property value is $4,000 to $24,999.99
• Aggravated robbery
• Vehicle or automobile theft – also known as grand theft auto

Class 2 Felony Theft

• 4 to 10 years in jail and/or
• $750 or more in fines
• Property value is $25,000 or more

Certain offenses of theft by extortion, shoplifting, and burglary may also be felonies, depending on the case. For theft of ferrous metal or nonferrous metal, the value of the stolen property will include the metal itself as well as the amount of damage done to another’s property as a result of the theft.

Additionally, in most circumstances were the defendant controls the property of another with the intent to deprive him or her, or obtains services or property of another through means of material misrepresentation with intent to deprive, and the value is $100,000 or more, the defendant becomes ineligible for sentence suspension, probation, pardon, or other release from confinement. For any circumstances that make your Maricopa County theft offense a felony, it is recommended you seek the counsel of an experienced Tempe theft defense attorney to begin your defense as soon as possible after your arrest.

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If you have been charged with felony theft in Mesa, Tempe, Gilbert, Phoenix, Chandler, Scottsdale, East Valley, or anywhere else in and around the Maricopa County area, contact the Law Offices of James E. Novak. James Novak will put your defense needs first and do whatever it takes to achieve your desired defense outcome, such as a reduction or dismissal, in your felony theft case. Call (480) 413-1499 today to schedule your free initial case consultation and find out what customized defense the Law Offices of James E. Novak can create for you.