A theft allegation in Scottsdale requires review of the actual offense and property value, but the consequences do not end with the sentence. If you are concerned about a criminal record, distinguish a set-aside from sealing. Neither remedy is automatic, and a set-aside does not erase the record.
What Constitutes Theft Under Arizona Law?
Under A.R.S. § 13-1802, Arizona defines theft as knowingly and unlawfully:
- Controlling someone else’s property with intent to deprive them
- Obtaining services without paying
- Using property or services without proper authorization
- Controlling lost or misdelivered property and failing to return it
Section 13-1802 contains different theft alternatives, with different required facts. Identify the charged subsection before deciding whether an intent-to-deprive argument fits the allegation. The statutory definition of “deprive” in §13-1801 is broader than permanently keeping property.
Common Theft Offenses in Scottsdale
Many different offenses fall under Arizona’s theft laws. Some of the most common include:
- Shoplifting (may be charged under A.R.S. § 13-1805)
- Theft of services, such as skipping out on a restaurant or rideshare bill
- Fraud-based theft, like using false information to obtain goods
- Vehicle theft or unauthorized use
- Receiving stolen property, knowingly accepting or purchasing goods taken unlawfully
Even if it’s your first offense, prosecutors may still file felony charges—especially if the theft involved deception or valuable items.
Misdemeanor vs. Felony Theft in Arizona
For theft charged under §13-1802(G), value is important but exceptions also matter. The under-$1,000 misdemeanor rule excludes property taken from another person, firearms and animals taken for fighting; vehicle engines or transmissions have a separate Class 4 rule regardless of value. Shoplifting and vehicle-related offenses require their own statutory review.
- Under $1,000 – Class 1 misdemeanor (unless it involves a firearm or fighting animal)
- $1,000 to $1,999 – Class 6 felony
- $2,000 to $2,999 – Class 5 felony
- $3,000 to $3,999 – Class 4 felony
- $4,000 to $24,999 – Class 3 felony
- $25,000 or more – Class 2 felony
As the value increases, so do the potential penalties. Additionally, prior convictions may enhance sentencing exposure.
Possible Penalties for Theft Convictions
Depending on the classification and other factors, a conviction may result in:
- Jail or prison time, ranging from a few days to several years
- Fines and restitution, including paying the victim back
- Probation, sometimes with community service or court-ordered classes
- Loss of civil rights, such as voting or gun ownership for felonies
- Immigration consequences, especially for non-citizens
- Long-term reputational and employment damage
Even a misdemeanor theft can stay on your record, affecting job applications and professional licenses.
Defenses to Theft Charges
At Guardian Law Group, we examine every detail of your case to build an effective defense. Depending on the situation, we may argue:
- Lack of intent – You didn’t intend to steal or believed the property was yours
- Mistaken identity – You were wrongly identified as the offender
- Ownership disputes – There was a legitimate disagreement over property rights
- Illegal police conduct – Evidence was obtained through an unlawful search or coercion
In many cases, we can negotiate for a reduced charge or alternative resolution like diversion or deferred prosecution.
Why You Should Act Quickly After a Theft Arrest
Prompt legal action can make a significant difference. When you hire a defense attorney early, you give your case the best chance of a favorable outcome. Our firm can:
- Preserve surveillance footage or witness testimony that supports your defense
- Communicate with prosecutors before formal charges are finalized
- Protect your rights during police interviews or evidence collection
We defend clients facing theft charges across Scottsdale, Mesa, Tempe, Glendale, and all of Maricopa County.
Frequently Asked Questions (FAQs)
Is shoplifting considered theft in Arizona?
Yes. Shoplifting is a specific type of theft under state law, with penalties based on the value of the merchandise.
Can a theft charge be reduced or dismissed?
Often, yes. Especially for first-time offenders, we may negotiate plea deals, diversion programs, or dismissals.
Will a theft conviction stay on my record permanently? A set-aside under §13-905 does not erase the record; it records that relief was granted. Sealing under §13-911 is a separate process with eligibility, completion, waiting-period and disclosure limits. Bring the judgment, discharge paperwork and payment records so counsel can evaluate the particular conviction rather than assume every theft case qualifies.
Should I talk to police after being accused of theft?
No. Always consult a defense attorney first. Anything you say can be used against you later.
For a theft consultation, bring the charging document and relevant receipts or messages. For a completed case, also bring the judgment, discharge order and restitution or payment records so the record-relief question can be reviewed separately. Guardian Law Group’s criminal defense team can review the documents and discuss the next step. Contact Guardian Law Group or call (602) 888-8020 for a confidential consultation.