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Property Crimes

If you currently might be in trouble with the Arizona laws for committing property crimes continue reading to learn more about property crimes. These crimes involve any form of property destruction. Notably, the crimes include arson, burglary, theft, shoplifting, criminal damage, extortion, and trespass. If law enforcement officers arrest you in Phoenix, AZ, you may face significant penalties depending on the nature of the crime. Additionally, you may end up spending over a decade in prison and pay hefty fines.

Therefore you will need to seek help from a skilled Arizona criminal attorney to help you pursue the results you deserve. At Phoenix Criminal Attorney, we have extensive experience in dealing with property crimes. We build a strong strategy to defend your rights, so you are confident in our ability to offer you the best legal representation.

What are Property Crimes in Arizona?

Property crimes involve the destruction of another person's property. If you are involved in any form of property crime, you may end up facing severe penalties. Note that you will face the penalties depending on the gravity of the crime, the value of the destruction, the value of repair, among other costs. Therefore the fines you pay may be large or less depending on the circumstances of the crime. The following are the common forms of property crimes in the state:

  1. Shoplifting

Under Arizona laws, you commit shoplifting when you enter a shop or store, and you knowingly obtain an item or good to deprive the shop by:

  • Removing the commodity or good from its display and leave with the object without making purchase payments.
  • You pay less amount than the purchase price of the item using tricks like substituting, altering, or disfiguring the price tag, labels, or markings.
  • Concealing the goods.
  • Transferring the product from a particular container to another.

Shoplifting Misdemeanor

If you shoplift an item valued at one thousand dollars or less, you commit a misdemeanor in the state unless:

  • You committed the crime to assist or promote any criminal gangs.
  • The alleged item was a gun.
  • The theft occurred on a crime spree.
  • The container, artifice, device, instrument was used for committing the theft.

Penalties for Shoplifting (Misdemeanor)

The penalties for shoplifting misdemeanor vary based on your judge, the store where the product was placed, the situation's facts, and the prosecution agency. The misdemeanor penalties for shoplifting are:

  1. The maximum penalties will include:
  • Shoplifting class
  • Repayment the worthy of the stolen items
  • Fine of $2500
  • Jail for six months
  1. Alternatively, the minimum penalties are:
  • Suspended fine
  • Probation

Shoplifting Felony

In Arizona, a shoplifting felony will take place when a misdemeanor takes place and:

  • You used the instrument, artifice, device, container, or the product to carry out the theft, a class four felony.
  • When the robbery occurred during a crime spree, a class five felony
  • You committed the offense to promote, assist, or further gangs, a class five felony.
  • When the product you stole had a value of $2,000 and above, class five felony.
  • When the product you stole was less than $2,000 but more than $1,000, a class six felony
  • When the alleged item was a gun, a class six felony.

The penalties for a shoplifting felony case will be charged according to the class of the class:

  1. Class Four Felony:
  • Probation
  • A period not exceeding 3.75 years in jail
  1. Class Five Felony:
  • Probation
  • A period not exceeding 2.5 years in jail
  1. Class six felony
  • Probation
  • A period not exceeding two years in prison
  1. Burglary

Burglary involves the entrance of a building, commercial, residential, or any other property type to commit petit larceny, grand theft, or any other form of a felony. Note that entering a structure doesn't require force, violence, threat, or any other form of destruction. However, the offender should have an intent of engaging in a crime that qualifies as a felony. In Arizona, crime takes various forms. The offense is further subdivided into three divisions: first degree, second degree, and third-degree burglary.

First Degree Burglary A.R.S 13-1508

In Arizona, the crime occurs when you commit a third and second-degree burglary in possession of a deadly or destructive weapon. Note that under Arizona laws, first-degree burglary is considered a class two felony when the offender commits it on an inhabited structure and a third felony when you commit it in a commercial product.

Second Degree Burglary A.R.S 13-11507

It takes place when you enter an inhabited building intending to commit theft. Note that second-degree burglary is considered a third-class felony.

A.R.S 13-1506 Third Degree Burglary

The crime takes place when you enter a fenced residential or commercial resident or a nonresidential building to commit theft. Additionally, the crime may happen when you enter another person's car with a device or master key to commit theft. Note that a third-degree burglary is a class four felony.

  1. Criminal Damage A.R.S 13-1602

According to the Arizona laws, criminal damage may take several forms. You commit criminal damage to property in the state when you recklessly:

  • Destroy another person's property
  • Destroy a utility
  • Draw a sign, slogan, message, or a symbol which is made on a private or public building
  • Park your vehicle on water sources to scare livestock from the source
  • Tamper with another person's property which impairs its value or function
  • Tamper with a utility property intentionally.

Penalties for Criminal Damage In Arizona

When punishing an offender for a criminal damage crime in the state, three elements are considered to determine the worth of the damaged property:

  • The value of the property to repair the damage
  • The cost of the material which is used to repair the damage
  • The value of labor when repairing the damage

Note that the worth of the property determines the penalties for the crime. Therefore if :

  • The damaged crime cost is less than two hundred and fifty dollars; the case is considered a class two misdemeanor. You will remain in jail for four months.
  • When the cost of the damaged product ranges between two hundred and fifty dollars and one thousand dollars, the crime is considered a class one misdemeanor. Notably, you will spend a year in prison for committing the crime.
  • When the cost of the item ranges between two thousand dollars and ten thousand dollars, the crime is a class five felony. You will remain in jail for 18months.
  • Lastly, if the product's cost is higher than $10,000, the crime is considered a class four felony. Notably, the offender will spend up to 2.5 years in jail.
  1. Theft A.R.S 13-1802

Under the Arizona laws, you are guilty of organized theft when you intentionally:

  • Obtain the property or services of another person using any material misrepresentation
  • Control property of another person to deprive them
  • Control mislaid, misdelivered, or lost property of another person under situations that provide means of inquiry to the real owner.
  • Use property or services of another person but entrusted to you for a short, limited, authorized use or terms.
  • Control stolen item with knowledge the property was stolen
  • While acting in the place of confidence and trust, you unlawfully take control or use vulnerable adults' property to deprive the property.

Each of the above examples is a basis for a theft case prosecution in the state. For the crime to be considered a felony or misdemeanor, the court will consider the services or property's value.

Theft (Petty Theft) - Misdemeanor In Arizona

A misdemeanor will apply where the offender has stolen services or property valued at one thousand dollars and below. Note that a misdemeanor theft is a class one misdemeanor. The penalties for the crime include:

  • A fine of $2500
  • Restitution
  • Jail time for up to 6 months
  • The probation period for a period not exceeding three years
  • Possible class

Theft (Felony)

A theft crime applies when you steal goods worth $1000 and above. The theft case varies depending on the property value, as discussed below:

  • Class two felony occurs when the value of the stolen item or services is worthy $25,000 or above.
  • Class three felony happens when the stolen services or property value between $4,000 and $24,999
  • Class four felony occurs when the stolen services or items range between $3,000 and $4000
  • Class five felony takes place when the stolen product or services cost between $2,000 and $3,000
  • Class six felony happens when the stolen product or service is valued between $1,000 and $2,000

In Arizona, the statute limitation is seven years. That means you will only face theft charges for a period of up to seven years. The penalties are severe in the state. The class of the felony case determines the severity of the penalties. The alleged offender may face probation or jail time depending on the level of the felony theft.

  1. Theft By Extortion

Extortion occurs when you use threats to another person to entice them to give or do something. In Arizona, the crime is commonly termed as blackmail crime. Under Arizona laws, extortion is a form of theft. A.R.S 13-1804, which happens when you seek to obtain or obtain services or property.

Class Two Felony Extortion

The crime happens when you threaten to:

  • Cause severe physical injuries or death
  • Trigger physical injuries using a dangerous object or a deadly weapon

Class Four Felony Extortion

It occurs when you threaten to:

  • Damage property
  • Cause injury
  • Reveal secrets, true or false
  • Make someone part with his/her property.
  • When you withhold or take action in the position of a servant of the public or make a public servant withhold or take some action.
  • Falsely bring criminal charges to someone or accuse them of an offense.
  • Participate in conduct that constitutes an offense

Other Forms of Extortion In Arizona

A.R.S 13-1428 sexual extortion happens when you intentionally threaten to cause harm, damage property, or release sexual images or videos of someone else unless they agree to:

  • Display their sexual parts to another person in an unwanted manner
  • Engage in unwanted sexual contact or sexual intercourse

Note that in the state, sexual extortion is counted as a third-class felony unless the alleged victim is below the age of fifteen years.

Penalties for Extortion

In Arizona, the sentence for extortion varies according to the type of threat that you use against the alleged victim. For instance, if you threaten to trigger physical injuries using a dangerous instrument or weapon or trigger severe injuries or death, the crime is a second-class felony. Therefore the other forms of theft are class four felony in Arizona.

A second class felony may be punished by:

  • Probation
  • Imprisonment for a period not exceeding 12.5 years

Alternatively, a class four felony is punishable by:

  • Probation
  • Imprisonment not exceeding 3.75 years
  1. Criminal Trespass

You commit trespass when you ignore a sign and illegally enter into a property. Under the Arizona laws, the crime is split into the first, second or third-degree.

First Degree Trespass (felony ) A.R.S 13-1504

You commit a first-degree trespass when you unlawfully enter a residential building, remain and enter into a public facility illegally, or you stay or enter another person's property and deface or burn their symbols without their consultation. A first-degree trespass is a class 6 felony which has the following penalties:

  • Jail time for up to 18months.
  • A fine not exceeding $150,000

First Degree Trespass (Misdemeanor) A.R.S 13-1504

You commit a first-degree trespass(misdemeanor) case when you remain or enter a fenced residential area. Additionally, you commit the crime when you enter a residential structure and violate the owner's right of privacy or enter or stay on a real structure that has mineral claims with the aim of holding, working, or taking the minerals from the lease or claim. The crime is a class one misdemeanor punishable with a fine not exceeding 2500 dollars and a jail time for up to six months.

Second Degree Trespass A.R.S 13-1503 (Misdemeanor only)

Under Arizona laws, you commit a second-degree trespass is (misdemeanor only) when you unlawfully enter or stay in a nonresidential building or a fenced commercial yard. The crime has a fine of $750 or a jail time for four months.

Third Degree Trespass A.R.S 13-1502( Misdemeanor Only)

You commit a third-degree criminal trespass when you unlawfully enter or stay in a facility when the property's real owner has ordered you to leave. Additionally, you commit the crime when you enter or stay on the commercial yards, tracks, storage, or a railroad company. You risk facing jail time for up to 30 days or a fine not exceeding $500.

  1. Arson

Arson is a serious crime in Arizona. The crime occurs when someone deliberately and knowingly damages a property structure by causing an explosion or fire. In Arizona, the crime covers many crimes ranging from starting a fire to hide a criminal offense or burning a car to obtain insurance proceeds. Under the state's laws, the crime falls under various categories based on the offender's intent and the sustained.

For instance, when you accidentally leave a campfire burning, and it causes fire to the nearby forest, the case is considered a reckless burning. Notably, it will be a class one misdemeanor.

Additionally, if you cause a fire to any type of symbol on other people's property without their consent or any public place, or on a highway, the case is considered a class one misdemeanor. Note that the severity of burning forest will vary on the following:

  • When you recklessly cause fire, for instance, you build a huge fire knowingly that you had no safety measures, the case becomes a class 1 misdemeanor.
  • When you intentionally cause fire, the offense becomes a class 6 felony.
  • When the fire results from your negligence, which includes leaving a campfire unattended. The case becomes a class 2 misdemeanor.
  • If the alleged fireplaces someone or a structure in danger, the case becomes a class 3 felony.

Notably, under Arizona laws, any other intentional damage caused by a fire will be categorized according to the inflicted damage. For example:

  • When an inhabited building is harmed, then the case becomes a class 4 felony.
  • If prison or jail is harmed, then the case becomes a class 3 felony.

Arson Penalties in Arizona

The potential penalties for arson cases vary depending on the severity of the crime in question. The offender with repeated cases of arson risk facing severe penalties. Alternatively, as a first-time offender with a class two felony, you may end up in jail for 12.5 years.

Find a Criminal Attorney Near Me

Property crime charges, whether felony or misdemeanor charges, carry severe and sometimes life-altering repercussions. If facing charges for a property crime, you want to have your charges dropped or reduced and avoid prison penalties.

At Phoenix Criminal Attorney, we are here to help fight for your rights. We develop a robust defense strategy to address your situation’s uniqueness and seek the best possible outcomes. Therefore if you are charged in Phoenix, AZ, call us today at 602-551-8092 and speak with one of our attorneys.

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