Misdemeanor Theft

If you are facing theft charges in Arizona, it is essential to understand the differences between misdemeanor and felony theft. Misdemeanor theft is considered less severe than felony theft and, while a conviction still carries significant legal consequences, the punishments are far less severe. If you’re dealing with a misdemeanor theft charge, having Attorney James Novak on your side is imperative to protecting your rights and minimizing the impact that your case has on the rest of on your life. Attorney Novak has decades of experience securing favorable outcomes in even the toughest cases, and he’s available to meet to discuss your case whenever you’re ready.

Misdemeanor theft in Arizona generally involves the unlawful taking of property valued at less than $1,000. Under Arizona Revised Statutes §13-1802, theft is defined as knowingly controlling another person’s property with the intent to deprive them of it. While felony theft involves larger sums of money or more valuable property, misdemeanor theft typically applies to lower-value items. However, even theft of items with relatively low monetary value can lead to serious consequences if convicted.

For a theft to be considered a misdemeanor, the property in question must not only be valued under $1,000 but must also not involve aggravating circumstances that could elevate the charge to a felony. Aggravating factors might include theft involving a weapon, theft from a person, or theft that occurs during a burglary or robbery. Without these factors, the charge remains a misdemeanor, which can still result in criminal penalties, but generally less severe than those for felony theft.

There are many different types of misdemeanor theft. Below are a few examples that can provide you with some clarity on what actions might lead to these charges:

Shoplifting: Taking an item from a store without paying for it is one of the most common forms of misdemeanor theft. For example, walking out of a store with merchandise hidden in a bag or pocket constitutes shoplifting. If the value of the item is under $1,000, the charge will likely be a misdemeanor.

Petty Theft from a Person: This involves taking property directly from another person without their knowledge or consent, such as picking someone’s pocket. Again, if the value of the stolen property is under $1,000 and there is no use of force, it’s typically charged as a misdemeanor. However, theft from a person can, in some cases, be charged as a felony, even if the value of the good was less than $1,000.

Theft of Services: This includes situations where someone uses a service without paying for it, like dining at a restaurant and leaving without paying the bill or using public transportation without paying the fare. If the value of the service is under $1,000, which is often the case, theft of services would be prosecuted as misdemeanor theft.

Failing to Return Rented Property: If someone rents an item, such as a piece of equipment or a video, and fails to return it within the agreed-upon time, this could be classified as misdemeanor theft, provided the item's value is below $1,000. Of course, failing to return a rental car is a felony, as the value of the vehicle is certainly over $1,000.

In Arizona, the penalties for misdemeanor theft depend on the specifics of the case, including the value of the stolen property and the defendant’s prior criminal history. As a general rule, misdemeanor theft is classified as a Class 1, Class 2, or Class 3 misdemeanor, with the severity of the punishment varying accordingly.

Class 1 Misdemeanor: This is the most serious level of misdemeanor theft. A conviction can result in up to six months in jail, a fine of up to $2,500, as well as probation.

Class 2 Misdemeanor: This level of misdemeanor theft can lead to up to four months in jail, fines up to $750, and probation.

Class 3 Misdemeanor: The least severe misdemeanor theft charge, a Class 3 misdemeanor, can still result in up to 30 days in jail, fines up to $500, and probation.

In addition to these penalties, a misdemeanor theft conviction can have lasting consequences, including a criminal record that could impact your future employment, housing, and more. That’s why it’s critical to consult with a Phoenix theft crimes defense attorney if you’re facing misdemeanor theft charges.

At the Law Office of James E. Novak, we understand the serious implications of a misdemeanor theft charge and are committed to providing you with a strong defense. For more than 25 years, James Novak and his team have been aggressively defending the rights of clients charged with all types of theft charged, both misdemeanor and felony, and know what it takes to secure the result you’re looking for. 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.