Shoplifting is a serious offense in Arizona, with legal consequences that vary based on the circumstances of the incident. It's essential to understand what constitutes shoplifting, the potential penalties, and possible defenses if you're facing such charges.

What Constitutes Shoplifting in Arizona?

Under Arizona Revised Statute § 13-1805, shoplifting involves knowingly obtaining goods from a retail establishment with the intent to deprive the owner of the goods without paying the purchase price. This can be achieved through various means, including:

• Removing merchandise without paying.

• Charging the purchase to a fictitious person or another person without consent.

• Paying less than the purchase price by altering or removing price tags.

• Transferring goods from one container to another.

• Concealing merchandise with the intent to commit theft.

Classification and Penalties for Shoplifting

The severity of shoplifting charges in Arizona depends on factors such as the value of the stolen goods and the presence of aggravating circumstances:

• Class 1 Misdemeanor: If the value of the stolen property is less than $1,000, the offense is typically classified as a Class 1 misdemeanor, punishable by up to six months in jail and fines up to $2,500. 

• Class 6 Felony: Shoplifting property valued between $1,000 and $2,000, or shoplifting a firearm regardless of its value, is a Class 6 felony. 

• Class 5 Felony: If the stolen property is valued at $2,000 or more, the offense is classified as a Class 5 felony. 

• Class 4 Felony: Using a device or container to facilitate shoplifting, or having two or more prior theft-related convictions within the past five years, elevates the offense to a Class 4 felony. 

Additional Consequences

Beyond legal penalties, a shoplifting conviction can lead to:

• Civil Liability: Merchants may pursue civil action to recover damages, including the value of the stolen goods and additional penalties. 

• Criminal Record: A conviction results in a permanent criminal record, potentially affecting employment opportunities and professional licensing.

Defenses Against Shoplifting Charges

Several defenses can be employed in shoplifting cases:

• Lack of Intent: Demonstrating that the act was unintentional or a misunderstanding can be a valid defense. 

• Mistaken Identity: Arguing that the accused was not the individual who committed the shoplifting.

• Ownership Claims: Asserting a belief that the accused had a rightful claim to the property in question.

Conclusion

Understanding the nuances of shoplifting laws in Arizona is crucial. If you're facing shoplifting charges, seeking legal counsel is advisable to navigate the complexities of the legal system and to explore potential defenses.

Call us today for a FREE consultation at 602-341-5709.