Theft Crime

Various situations can lead to theft charges, but this does not mean they are all legitimate. Often, a theft allegation could stem from mistakes or false accusations. Nonetheless, being charged with a theft crime is nothing to take lightly and requires a strong defense.

At the Law Office of Hernandez & Hamilton, PC, we help clients who have been accused of a variety of theft crimes in Tucson. We work closely with our clients to help them navigate the criminal justice system while working behind the scenes to protect their constitutional rights.

Arizona Theft Charges

Theft generally occurs when someone knowingly takes control of another person’s property, intending to deprive that person of said property permanently. In Tucson, theft crimes can occur in many different forms, such as:

Shoplifting

Shoplifting is the most common theft in Tucson. Shoplifting occurs when someone enters a store and leaves with an item they have not paid for.

Issuing a bad check

Someone may be found guilty of passing a bad check if they had the intention of defrauding the recipient, writing, or attempting to use a check from an account that was insufficiently funded.

Receiving stolen property

Selling, concealing, buying, or receiving stolen property is illegal. Someone found to be in possession of stolen property can be charged with a misdemeanor or felony.

Theft by extortion 

Theft by extortion occurs when one person threatens another to get services, property, or money. The severity of the penalties will be determined by the type of force used and if the threats include serious physical injury with a dangerous instrument or deadly weapon.

Robbery

Robbery occurs when someone does something to force another person to surrender personal property or attempts to coerce the victim through force.

Armed robbery

When a person threatens or uses a dangerous weapon during the act of a robbery, the prosecution upgrades the charges to armed robbery.

Other common theft crimes

• Auto theft
• Credit card fraud
• Burglary
• Failure to return rental property
• Deceptive business practices
• Forgery
• Fraudulent schemes and artifices
• False advertising
• Embezzlement 
• Joyriding

Someone can be charged with a theft crime based on circumstantial evidence and being in the wrong place at the wrong time. Our criminal defense attorneys thoroughly investigate every search and seizure, eyewitness testimony, law enforcement interviews, and each piece of the prosecution’s evidence.

Our law firm cannot promise that the charges against you will be dismissed, but we promise that our legal team will do everything possible to build a strong defense against your theft crime charges.

Penalties For a Theft Conviction

The criminal defense attorneys with Hernandez & Hamilton, PC, understand the charges their clients are facing and work diligently to fight for acquittals and reduction of pending charges. 

A person arrested in Tucson for a theft crime is innocent until proven guilty, with inherent rights that are protected under the United States Constitution. 

Being convicted of theft can have life-altering effects. Theft offenses are punishable by fines, a mark on your criminal record, and a prison or jail sentence.

Depending on the circumstances surrounding the alleged crime, theft penalties could be increased or decreased during sentencing. These circumstances include if you have previously been convicted of a crime, whether a weapon was used in the offense, or the value of the stolen property.

Some of the common penalties for theft crimes and misdemeanors for first-time offenders in Arizona include:

• Class 1 misdemeanor theft: Offenses that are the least serious are punishable by up to six months in jail and/or a fine. These thefts include property that is valued at less than $1,000.
• Class 6 felony theft: This charge includes stolen property valued between $1,000 and $1,999. Punishment for a class 6 felony can include fines of $750 or more and jail time ranging from six to 18 months.
• Class 5 felony theft: If convicted of stealing property valued between $2,000 and $2,999, you can face punishment including fines of $750 or more with potential jail time between nine months and two years.
• Class 4 felony theft: This felony is the theft of property with a value between $3,000 and $3,999, robbery of a vehicle engine of any value, and grand theft auto. Punishment for a class four felony can include fines of $750 or more with potential jail time of 18 months to three years.
• Class 3 felony theft: A class 3 felony involves grand theft auto, stolen property with a value between $4,000 and $24,999, or aggravated robbery. If convicted, punishment can include hefty fines of $750 or more and potential jail time of 30 months to seven years.
• Class 2 felony theft: The most horrific thefts involve stolen property that exceeds $25,000 in value. If convicted of a class 2 felony, fines could be in the thousands, with potential jail time of four to 10 years.

Additionally, if convicted of a felony, offenders could be mandated to pay extra fees, restitution, and a fine of up to $150,000.

How Can a Lawyer Defend Against Theft Charges?

Facing criminal charges can be stressful, and attempting to navigate the complicated legal system alone can be more than the average person can handle. You need an experienced criminal defense lawyer knowledgeable in Arizona criminal law to help defend your case. The stakes are too high to face your charges alone. 

An experienced criminal defense attorney with Hernandez & Hamilton, PC can create a defense to any strategy the prosecution may use.

Your Tucson attorney can argue that:

• You had consent from another party to use the property in question
• Your actions were made under a mistake of fact (you were unaware the property was stolen)
• The property in question was given to you as a gift

Contact an Experienced Tucson Theft Crimes Lawyer Today

If you have been charged with theft in Tucson, whether for stealing a valuable or significant piece of property or shoplifting an item valued at less than $100, contact the criminal defense attorneys at Hernandez & Hamilton, PC. We can represent you during your case, whether you have just been arrested on theft allegations, are preparing for your first hearing, are appealing a prior decision, are going to trial, or are seeking expungement. To learn more about how we can help you and your theft case, contact us using our online form to schedule a consultation.