Understanding Shoplifting Laws in Arizona

According to Arizona Revised Statute § 13-1805, shoplifting is a type of theft crime that occurs when a person commits shoplifting by taking merchandise from a store with the intent to deprive the retailer of the property. However, shoplifting isn’t limited to simply leaving a store without paying for an item. Under ARS 13-1805, shoplifting includes:

• Removing merchandise from a store without payment.
• Altering or switching price tags to pay less than the purchase price.
• Concealing merchandise with the intention of stealing it.
• Using a tool or device to facilitate the shoplifting offense, such as disabling security tags.

These actions are criminal offenses that can result in criminal charges and lead to significant legal consequences.

The penalties for shoplifting depend largely on the value of the goods stolen, as well as the circumstances of the shoplifting case. Shoplifting can be classified as either a misdemeanor or a felony, depending on the details of the crime.

• Class 1 misdemeanor: If the value of the stolen property is less than $1,000, the offense is generally charged as a Class 1 misdemeanor, which carries penalties of up to six months in jail, a fine of up to $2,500, and probation.
• Class 6 felony theft: If the value of the shoplifting property is between $1,000 and $2,000, or if the shoplifting offense involves the theft of a firearm, it can be charged as a Class 6 felony, which carries a potential sentence of up to 2 years in prison.
• Class 5 felony: If the value of the goods exceeds $2,000 or the person charged with shoplifting was involved in organized retail theft, the charge may be elevated to a Class 5 felony, punishable by 2.5 years in prison.
• Class 4 felony shoplifting: In more serious cases, such as when a shoplifter uses an accomplice or tools to commit shoplifting, the offense can be charged as a Class 4 felony, which carries penalties of up to 3.75 years in prison.

Additionally, retailers can pursue actual damages and additional civil penalties against a person convicted of shoplifting in Arizona. Retailers can seek to recover not only the value of the stolen items but also damages of up to three times the actual damages.

In certain circumstances, shoplifting can be charged as a felony. While most shoplifting charges are misdemeanors, a shoplifting case may be elevated to a felony depending on specific aggravating factors. Felony charges can result from:

• Shoplifting property with a value of over $1,000.
• Shoplifting within the past five years if there have been multiple theft convictions.
• Involvement in organized retail theft or using an accomplice.
• Shoplifting firearms, which is automatically charged as a felony offense.

A felony conviction for shoplifting will have long-lasting consequences, including the potential for prison time and a permanent criminal record. The criminal penalties for felony shoplifting vary, but the most severe offenses, such as those involving accomplices or high-value goods, can lead to up to 3.75 years in prison.

If you have been convicted of a shoplifting offense or other theft crimes within the past five years, your shoplifting charge may be upgraded to a felony.

Arizona law is particularly harsh on repeat offenders, and prior convictions can elevate what might have otherwise been a misdemeanor shoplifting offense to felony shoplifting.

Additionally, shoplifting charges can be aggravated if the merchant has the right to detain you for retail theft or if you are found to be involved in organized retail theft, where two or more people work together to commit shoplifting. These types of charges carry stricter penalties and are often prosecuted more aggressively by the state of Arizona.

Being charged with shoplifting does not automatically mean a conviction. An experienced criminal defense attorney can help you fight these charges by exploring potential defense strategies. Some of the common defenses include:

• Lack of intent: The prosecution must prove that you had the intent to deprive the store of its property. If you accidentally walked out of a store without realizing you had an item, your shoplifting lawyer could argue that there was no intent to commit theft.
• Mistaken identity: In busy stores, confusion can occur. If you were wrongfully identified as the person who shoplifted, your attorney can work to prove that you were not involved in the incident.
• Rights violations: If your rights were violated during the arrest, such as being searched illegally, your criminal defense attorney may be able to get the evidence dismissed.

Each shoplifting case is unique, and the right defense will depend on the specific circumstances of your case. Consulting with a law firm that has experience in criminal shoplifting cases can make a significant difference in your case’s outcome.