Being accused of theft should never be taken lightly. In the state of Arizona, there are varying degrees of classifications of theft. While the accusation of theft is always a serious charge, each classification comes with its own unique set of penalties. Understanding the differences between a misdemeanor theft and the various classes of felony theft is important to building the best case for your defense and protecting your future.
What is Theft?
Under Arizona State law, a person can be convicted of the crime of theft in situations where they knowingly (and without having the lawful authority to do so), take any of the following actions:
- Using someone else’s property or services for any unauthorized period of time.
- Committing fraud as a means of obtaining another person’s property or services.
- Controlling lost property without making a reasonable attempt to locate its owner.
- Controlling someone else’s property with the intent of depriving the said person of the property.
- Controlling stolen property.
- Obtaining compensable goods or services without paying for the goods or services.
Schill Law Group understands the law as it pertains to all types of theft and can help fight on your behalf.
Misdemeanor vs Felony Theft in Arizona
The primary difference between a misdemeanor and felony theft charge in the state of Arizona concerns the dollar value of what was stolen. Generally speaking, the higher the dollar value of the property or service that was stolen, the harsher the penalties will be if convicted. ARS § 13 – 1802 mandates that a theft shall be classified as a misdemeanor unless the dollar value of what was stolen exceeds $1000. Theft crimes exceeding this amount will be brought forth as a felony charge. There are, of course, exceptions to this rule. In the event that a firearm or an animal is stolen, the charges will be brought as a felony. Other extenuating circumstances, such as an assault during the theft, could also impact the severity of the charges.
Classification and Penalties for Theft in Arizona
The following is an outline of the different classifications of theft in Arizona and their corresponding penalties:
- Class 1 Misdemeanor Theft – Theft of property or services with a dollar value of less than $1000 is designated as a Class 1 misdemeanor, and is the lowest-level theft offense. Sometimes, this level of theft is described as “petty theft.” A Class 1 misdemeanor theft is punishable by as many as six months of jail time, fines up to $2500, and restitution to the victim.
- Class 6 Felony Theft – The lowest level felony theft charge is designated as a class 6 and involves cases, where the property or services involved, were valued between $1000 to $2000. If convicted, punishment involves a minimum of four months to a maximum of two years of incarceration and fines up to $150,000.
- Class 5 Felony Theft – This class of theft involves property or services valued between $2000 to $3000 and carries a sentence of six months to 2.5 years in prison and a fine not to exceed $150,000.
- Class 4 Felony Theft – Here, property or services involved in the theft are valued between $3000 and $4000. In addition to this, the theft of any vehicle engine or transmission (regardless of the actual dollar value) is designated as a Class 4 Felony theft. Punishment includes one to 3.75 years of incarceration and fines of no more than $150,000.
- Class 3 Felony Theft – A theft is designated as a Class 3 felony when a property is valued at at least $4000 but not greater than $25,000. If convicted, punishment includes two to 8.5 years in prison and a fine of up to $150,000.
- Class 2 Felony Theft – The most serious class of felony theft in Arizona, this type of charge involves property or services with a value of $25,000 or greater. Those convicted may receive three to 12.5 years of incarceration and fines not to exceed $150,000.
If you or someone you love has been charged with theft, NOW is the time to reach out to Schill Law Group for legal help. Reach out to us for a free consultation and we’ll start building your case today.
Frequently Asked Questions
1. What Is Felony Theft in Arizona?
Felony theft in Arizona refers to stealing property or money valued above a certain amount as defined under ARS 13-1802, the state’s theft statute. Generally, theft becomes a felony when the value exceeds $1,000, but penalties increase with higher amounts — for example, theft over $25,000 is a Class 2 felony, one of the most serious charges. Felony theft convictions can result in prison time, fines, and a permanent criminal record.
2. What Is the Felony Theft Amount in Arizona?
The felony theft amount in Arizona starts at $1,000.
Here’s a breakdown under ARS 13-1802:
Under $1,000: Usually a misdemeanor theft.
- $1,000–$2,000: Class 6 felony.
- $2,000–$3,000: Class 5 felony.
- $3,000–$4,000: Class 4 felony.
- $4,000–$25,000: Class 3 felony.
- Over $25,000: Class 2 felony.
The higher the amount, the harsher the sentencing. A criminal defense lawyer can help reduce or challenge the felony classification.
3. What Counts as Misdemeanor Theft in Arizona?
Misdemeanor theft applies when the property’s value is under $1,000 and no aggravating factors (like weapons or fraud) are involved. Penalties may include jail time up to six months, probation, restitution, and fines. Even though misdemeanor theft is less severe, it can still affect employment and background checks, so it’s important to seek legal representation.
4. What Are the Typical Theft Charges in Arizona?
Arizona recognizes several theft charges, including:
- Petty theft (shoplifting or small-value items)
- Felony theft (high-value property)
- Theft of means of transportation
- Credit card theft
- Embezzlement or fraud-based theft
Each charge carries different penalties under ARS 13-1802, depending on value and intent. A skilled theft defense attorney can help you understand what you’re facing and fight for reduced or dismissed charges.
5. What Does ARS 13-1802 Mean?
ARS 13-1802 is Arizona’s main theft statute. It defines theft as knowingly controlling another person’s property with the intent to deprive them of it — whether through deception, unauthorized control, or failure to return borrowed items. This law also outlines how the value of stolen property determines whether the charge is a misdemeanor or felony.
6. Is It Grand Larceny If I Don’t Return Extra Money from a Payday Loan in Phoenix, Arizona?
If a Phoenix payday loan company accidentally gives you extra money and you knowingly keep it, it can be considered theft under ARS 13-1802, not necessarily grand larceny (Arizona doesn’t use that term legally). The key factor is intent — if you realized the mistake and didn’t attempt to return the funds, prosecutors could file theft charges. Consulting a Phoenix theft lawyer immediately is the best step to avoid criminal consequences.
7. What Is Considered Petty Theft in Phoenix?
Petty theft in Phoenix (or petty theft Arizona) generally involves stealing property valued under $1,000. It’s a misdemeanor but still serious — it can lead to fines, jail time, and a criminal record. A Phoenix petty theft lawyer can help negotiate reduced penalties, alternative sentencing, or even case dismissal depending on circumstances.
8. What Are the Penalties for Theft Charges in Arizona?
Penalties for theft charges in Arizona depend on the property’s value, prior convictions, and whether violence or fraud was involved.
- Misdemeanor theft: Up to 6 months in jail and $2,500 in fines.
- Felony theft: From 4 months to 12.5 years in prison depending on the felony class.
Judges also order restitution to the victim. Having a knowledgeable defense attorney can greatly influence sentencing outcomes.
9. How Can a Theft Defense Lawyer Help Me?
A theft defense lawyer in Phoenix or Arizona can analyze your case, challenge evidence, and negotiate with prosecutors. Whether you’re accused of felony theft, misdemeanor theft, or a violation under ARS 13-1802, an attorney can often reduce the charge or seek alternative sentencing options.
10. Can I Clear a Theft Charge from My Record in Arizona?
Yes. After completing your sentence, you may be eligible to set aside a conviction in Arizona. Although it doesn’t erase the record, it shows the charge was resolved, which can help with jobs and housing. Your Arizona theft attorney can guide you through the expungement or set-aside process.
