Scottsdale Shoplifting Lawyer

Shoplifting is a common crime that most people assume will only result in a slap on the wrist. However, in Scottsdale County, that is far from the case. In fact, in 2022, the Maricopa County prosecutor brought nearly 1,250 shoplifting cases, many of which were classified as felonies. The bottom line is that anyone charged with shoplifting should take their case seriously—because you know the prosecutor will.

At the Law Office of James E. Novak, our Scottsdale shoplifting lawyer has more than 25 years of hands-on experience defending the rights of clients charged with misdemeanor and felony shoplifting offenses. We’re familiar with the best shoplifting defenses and are immediately available to meet with you to discuss how we can help.

Under Arizona Revised Statutes § 13-1805, the crime of shoplifting can be committed in several different ways:

• Taking merchandise without paying for it.
• Charging the cost of goods to a fictitious person.
• Using another’s payment method to buy goods without that person’s permission.
• Paying a reduced price for merchandise by relying on a trick or scheme (i.e., switching price tags).
• Transferring goods from one container to another.
• Concealing items with the intent of removing them from the store without paying the retail price.

Accidentally walking out of a store without paying for merchandise sounds like shoplifting, but the government also needs to prove that you had the intent to steal the items. However, the Arizona shoplifting presumption can make this easier for the prosecution.

Arizona’s shoplifting law contains a series of presumptions, which allows the prosecution to argue to the jury that it should infer you had the intent to steal. The shoplifting presumption applies in the following situations:

• Concealing unpaid merchandise while within a store.
• Possessing a container that can be used to conceal merchandise or otherwise facilitate shoplifting.

For example, say you are stopped by a loss prevention officer for shoplifting and try to convince them that you had forgotten you had items in your possession. If you had the goods concealed somewhere on you or in your belongings, the prosecution could argue that your actions of concealing the goods indicated that you had the intent to remove the items from the store without paying for them.

In Scottsdale and throughout Arizona, shoplifting can result in a misdemeanor or felony conviction being added to your record. For the most part, the difference between felony shoplifting and misdemeanor shoplifting comes down to the value of the goods you allegedly took. For example, stealing items valued at more than $2,000 is a Class 5 felony, punishable by up to two years in jail, with a presumptive sentence of 18 months. However, if the value of the good was less than $1,000, the offense will be graded as a Class 1 misdemeanor, which is punishable by up to six months in jail.

Aside from this, it’s also to be aware that prosecutors are permitted to combine the value of goods allegedly stolen as a part of a “continuing criminal episode.” A continuing criminal episode is defined as taking more than $1,500 worth of merchandise during three different instances within 90 days. In this way, it is easy for prosecutors to turn what would otherwise be three misdemeanor shoplifting charges into felony shoplifting charges.

If you were recently arrested and charged with retail theft, reach out to an experienced Scottsdale shoplifting lawyer at the Law Office of James E. Novak. Attorney Novak is a veteran Maricopa County criminal defense attorney with extensive experience defending good people facing serious theft charges. We also offer free consultations where we will answer your questions and explain how we can help. To learn more, and to schedule a free consultation with Attorney Novak today, call 480-413-1499. We can help you fight your case and protect your future.