Theft is one of the most common crimes in Tucson, AZ. Unfortunately, every year, many people are wrongfully and illegitimately accused of theft. Contact Katsarelis Law Criminal Defense Attorneys or call (520) 510-0439 to schedule a free consultation with a Tucson theft crimes attorney today.
If you’re being charged with a theft crime in Tucson, Arizona, you need to defend yourself. Our attorneys will fight to keep you out of jail. We have 45 years of combined experience helping people charged with various forms of theft. Our experienced lawyers know how to build a strong defense to avoid conviction and mitigate your sentence.
How Katsarelis Law Criminal Defense Attorneys Can Help if You Are Arrested for a Theft Crime In Tucson, AZ
If you are arrested for a theft crime in Tucson, AZ, Katsarelis Law Criminal Defense Attorneys will stand up to the prosecutors on your behalf. Our Tucson criminal defense lawyers have 45 years of combined experience defending people who are charged with theft crimes in Tucson.
Our Tucson theft crime lawyers will:
- Analyze your case
- Explain the charges and penalty range if you are convicted
- Investigate the charges
- Review discovery
- Fight for your release from jail
- File pretrial motions
- Negotiate for a plea deal
- Represent you at every court hearing
- Speak in court on your behalf
- Advocate for you during hearings and at trial
- Argue for a lenient sentence if you are convicted
Every case is different, and every client has different goals for their case. We pride ourselves on listening to our client’s needs and fiercely advocating for them. Being charged with a crime is an extremely vulnerable time. That’s why we proudly stand by our clients every step of the way.
Call our office to schedule a free initial consultation with a Tuscon theft crimes attorney as soon as possible.
Types Of Theft Crimes In Arizona
Arizona’s revised statutes have an entire chapter dedicated to theft crimes. In general, theft is stealing someone else’s property.
However, theft crimes can become more complex because theft isn’t only limited to the permanent stealing of a physical object. It can also include temporary behavior and theft of non-physical objects, like ideas. Below are some of the most common types of theft crimes in Tucson.
Misdemeanor Theft vs. Felony Theft
The difference between misdemeanor theft and felony theft is the value of the stolen property or services.
If the value is under $1000, then the theft is a class 1 misdemeanor. If the value is over $1000, then the theft is a felony.
Extortion
Extortion happens when someone takes another’s property or services by threat.
The threat could be to cause serious injury, damage property, accuse someone of a crime, or commit any other type of crime. In most cases, extortion is a class 4 felony, but it may be a class 2 felony if the defendant threatens to use deadly force or causes serious bodily injury.
Bad Check
Someone may be charged with issuing a bad check if they issue or pass a check knowing that they don’t have enough money to cover the check. If the value of the check is under $5000, then the charge is a class 1 misdemeanor. If it is more than $5000 then it is a class 6 felony.
Unlawful Use Or Possession
There are a variety of unlawful use or possession charges in the Arizona criminal code.
Unlawful use or possession happens when someone takes another’s property temporarily, without the intent to permanently deprive them. This is a common charge in joyriding cases or when someone refuses to return rented property.
These charges can be either misdemeanors or felonies, depending on the specifics of the case.
Theft of Trade Secrets
Theft of trade secrets is a type of intellectual property theft. A trade secret is any information that has economic value because it is secret to others, specifically the competition. For example, a proprietary algorithm or secret recipe. Theft of trade secrets is a class 5 felony.
Shoplifting and Concealment
Shoplifting and concealment are other common types of theft. Shoplifting happens when someone removes goods from a store without paying for it, or through some trick like altering the price tag.
Concealment is also illegal. This happens when someone conceals store property with the intent to steal it, even if they don’t actually make it out of the store. For example, hiding an item in their purse or under their shirt.
If the value is under $1000, shoplifting or concealment is a misdemeanor. If it is $1000 – $200, it is a class 6 felony.
What Are the Penalties for a Theft Conviction In Tucson, Arizona?
Like many other crimes in Tucson, the penalty for a theft conviction depends on the type of charge and the specific circumstances of the case.
If there are aggravating circumstances or the person has a prior criminal record then the penalty will be greater. If there are mitigating circumstances then the penalty will be less.
Penalty Ranges
The penalty for a class 1 misdemeanor is six months in jail and a maximum $2,500 fine. It may also include a probationary period after release.
For felonies, the prison ranges are:
- Class 2 Felony: 3 – 12.5 years in prison
- Class 3 Felony: 2 – 8.75 years in prison
- Class 4 Felony: 1 – 3.75 years in prison
- Class 5 Felony: 6 months – 2.5 years in prison
- Class 6 Felony: 3 months – 2 years in prison
These ranges are significant because judges have a lot of discretion. Even if you are convicted of a theft offense, your attorney has an opportunity to significantly mitigate the penalty at sentencing.
Aggravating and Mitigating Factors
The prosecutor or defense attorney must produce evidence in order to aggravate or mitigate a sentence. Most of the aggravating factors relate to violent crimes.
Some of the most common aggravating factors include:
- Inflicting a serious injury
- Using or threatening with a dangerous weapon
- There was an accomplice
- The offense was particularly heinous
- The defendant was paid or paid someone else to commit the crime
- The defendant had a felony conviction from the previous 10 years
- The defendant impersonated a police officer
- The defendant used a mask to avoid identification
- The defendant was an undocumented immigrant
On the other hand, there are also mitigating factors that can reduce jail time.
The mitigating factors include:
- The defendant’s age
- The defendant’s inability to appreciate the wrongfulness of their actions
- The defendant was under duress
- The defendant played a small role in committing the crime
- Any other mitigating circumstances about the defendant’s character
An experienced Tucson theft crimes lawyer can use mitigating factors to significantly reduce your prison sentence if you are convicted of a felony theft crime.
Collateral Consequences for Felonies
If you are convicted of a felony theft crime, there will be collateral consequences. These are consequences that are not imposed by the court but impact anyone with a felony conviction on their record. Many people don’t realize that a felony conviction can have consequences beyond jail time.
Some of the most common collateral consequences are:
- Losing voting rights
- Losing gun rights
- Losing employment and housing
- Permanent criminal record
- Losing public benefits or ineligibility for benefits
People who are considering taking a felony plea deal should carefully consider the collateral consequences in addition to the agreed-upon consequences of a guilty plea.
What Defenses Can Be Raised if I Am Accused of a Theft Crime In Tucson, Arizona?
Luckily, there are many defenses available to people who are accused of a theft crime.
Some of the defenses include:
- Consent to take or use the stolen property
- Lack of criminal intent to permanently or temporarily deprive
- Mistaken identity
- Contesting the value of the property
- Procedural defenses
- Insufficient evidence
The best defense in your case depends on the facts. Your Tuscon theft crimes attorney will consider all of the facts and listen to your story when building the strongest defense. In fact, you may have multiple defenses available to you. They can leverage these defenses to get the charges outright dismissed or argue on your behalf at trial.
Contact Our Tucson Theft Crimes Lawyers for a Free Consultation
You should not expect that the prosecution will drop the theft charges without a fight. In fact, you should expect that they will do everything possible to convict you. You need a Tuscon theft crimes lawyer by your side to fight for your freedom.
Katsarelis Law Criminal Defense Attorneys is the right legal team for the job. We are ready to defend you and stand by your side each step of the way. Call us today to learn more about our lawyers, experience, and how we can help you in Tucson, AZ.