Phoenix Theft Lawyer

A theft charge in Arizona can quickly threaten your reputation, career, and freedom. Whether you’re accused of shoplifting, embezzlement, or auto theft, the consequences can be devastating — even for a first-time offender. Prosecutors aggressively pursue theft cases, but that doesn’t mean you’re guilty. Many theft accusations are based on misunderstandings, poor evidence, or exaggerated claims.

I’m Joshua A. Lopez, Esq, a Phoenix theft lawyer known to my clients as Attorney Josh. With 165 five-star Google reviews, I’ve built my reputation on one simple philosophy: Smart Defense. Strong Results.

I don’t just react to charges — I build a strategic plan based on the facts, psychology, and law. Every decision in your defense is calculated to protect your record and your future.

Understanding Theft Charges in Arizona

Under A.R.S. § 13-1802, a person commits theft when they knowingly control someone else’s property with the intent to deprive the owner of it. Theft doesn’t always mean stealing in the traditional sense — it can include a wide range of conduct, such as:

• Shoplifting merchandise from a store
• Taking money or property without permission
• Failing to return rented property
• Using someone’s services without paying
• Misappropriating funds from an employer (embezzlement)
• Possessing stolen goods
• Writing bad checks or committing fraud

As an experienced Phoenix theft lawyer, I understand that no two theft cases are alike. Whether your charge is minor or serious, I’ll identify the weaknesses in the prosecution’s case and pursue the best strategy for dismissal or reduction.

Types of Theft Charges in Arizona

1. Petty Theft (Misdemeanor Theft)

If the property or money involved is valued at less than $1,000, it’s typically classified as petty theft, a Class 1 misdemeanor.
Penalties may include:

• Up to 6 months in jail
• $2,500 in fines plus surcharges
• Probation and restitution to the alleged victim

2. Felony Theft

If the property value is $1,000 or more, the charge escalates to a felony, with classifications based on value:

• Class 6 Felony: $1,000–$2,000 — up to 2 years in prison
• Class 5 Felony: $2,000–$3,000 — up to 2.5 years in prison
• Class 4 Felony: $3,000–$4,000 — up to 3.75 years in prison
• Class 3 Felony: $4,000–$25,000 — up to 8.75 years in prison
• Class 2 Felony: Over $25,000 — up to 12.5 years in prison

3. Theft of Means of Transportation

Stealing or controlling another person’s vehicle — known as auto theft — is a Class 3 felony, carrying severe prison time and restitution requirements.

4. Shoplifting

Under A.R.S. § 13-1805, taking items from a store without paying can lead to misdemeanor or felony charges depending on the value and circumstances. Repeated offenses or use of tools like foil-lined bags can lead to enhanced penalties.

5. Embezzlement and Fraud

White-collar theft involves misusing entrusted funds or falsifying records for financial gain. These charges carry not only criminal penalties but also serious professional consequences.

Regardless of the charge, the most effective defense begins with a strategic evaluation of the facts — something I specialize in as a Phoenix theft lawyer focused on intelligent, result-oriented representation.

Penalties and Consequences of a Theft Conviction

The legal consequences of theft are serious, but the long-term damage can be even greater. A conviction can permanently affect your reputation, employment opportunities, and financial stability.

Legal penalties may include:

• Jail or prison time
• Fines, restitution, and probation
• Community service
• Mandatory counseling or classes
• Permanent criminal record

Collateral consequences include:

• Difficulty passing background checks
• Loss of professional or occupational licenses
• Immigration complications for non-citizens
• Damaged reputation within your community

My role as your Phoenix theft lawyer is to protect not only your freedom but also your future opportunities.

How I Build a Smart Defense

Theft cases often depend on circumstantial evidence — surveillance footage, receipts, or witness statements that may not tell the full story. My strategy focuses on precision, logic, and context to create reasonable doubt and dismantle the prosecution’s narrative.

1. Investigate the Facts Thoroughly

I review every detail — security footage, transaction records, and witness statements — to identify weaknesses or inconsistencies in the case.

2. Challenge the Element of Intent

The prosecution must prove that you intended to steal. I focus on showing that your actions were accidental, misunderstood, or lacked criminal intent.

3. Expose Procedural Errors

If police violated your rights during search, seizure, or questioning, I move to suppress the resulting evidence.

4. Negotiate Strategically

In many cases, I negotiate for reduced charges, diversion programs, or dismissals — keeping your record clean whenever possible.

5. Prepare Relentlessly for Trial

If the case goes to court, I use strategic cross-examination, expert witnesses, and factual analysis to highlight reasonable doubt and secure an acquittal.

That’s how I deliver Smart Defense. Strong Results.

Common Defenses to Theft Charges

Every theft case is unique, but the following defenses often lead to reduced or dismissed charges:

Lack of Intent

If you didn’t intend to permanently deprive the owner of property — for example, you forgot to pay or mistakenly took an item — the key element of “intent” is missing.

Mistaken Identity

Surveillance videos are often unclear, and eyewitness accounts can be unreliable. I demonstrate that you were not the person responsible.

Ownership or Permission

If you believed you had a right to the property or received permission to use it, the charge lacks the necessary criminal element.

False Accusation

Disputes over money, business, or relationships sometimes lead to false reports. I uncover motives and inconsistencies that expose fabricated claims.

Lack of Evidence

If the state cannot prove guilt beyond a reasonable doubt, the case must be dismissed. I identify gaps in the prosecution’s case and leverage them to your advantage.

A smart defense isn’t just about knowing the law — it’s about knowing how to use it.

Why Theft Charges Require a Strategic Approach

Theft allegations can destroy trust long before a case reaches trial. Employers, landlords, and even friends may judge you based on the accusation alone. My approach focuses on controlling the narrative — presenting you as a person, not just a defendant.

I use a combination of legal precision, communication strategy, and evidence-based reasoning to shift perception and highlight the truth. Whether I’m negotiating with prosecutors or presenting your case before a jury, my goal is always to protect your integrity and your future.

Why Clients Choose Attorney Josh

Clients throughout Phoenix and Maricopa County choose me because I combine legal intelligence with personal dedication. My firm doesn’t just defend cases — it defends people.

Here’s what sets me apart as a Phoenix theft lawyer:

• 165 Five-Star Google Reviews: Proven track record of results and client satisfaction.
• Strategic Defense Tactics: Every case is approached with logic, foresight, and precision.
• Direct Communication: You work directly with me — not passed to a junior associate.
• Strong Results: Reductions, dismissals, and acquittals achieved through smart strategy.
• Discreet Representation: I handle your case with professionalism and confidentiality.

When your future is on the line, you deserve more than aggressive defense — you deserve Smart Defense. Strong Results.

Frequently Asked Questions

Can Theft Charges Be Dismissed in Arizona?

Yes. Many cases are dismissed due to lack of evidence, procedural violations, or successful negotiation. I pursue every opportunity for dismissal or reduction.

Will I Go to Jail for Theft?

Jail time depends on the value of the alleged theft, your criminal history, and the facts of your case. Many first-time offenders avoid jail with a strong defense or diversion program.

What if I Accidentally Took an Item?

If the act was unintentional or due to confusion, you may not have had the intent to steal — which is essential for a conviction.

Can a Theft Conviction Be Expunged?

Yes. Depending on your case outcome, you may qualify to have your record set aside or expunged, helping you move forward with a clean slate.

Should I Speak to Police After Being Accused?

No. Always exercise your right to remain silent and request an attorney. Anything you say can be misinterpreted or used against you.

Areas Served

I represent clients throughout Phoenix, Scottsdale, Mesa, Tempe, Chandler, Glendale, and all of Maricopa County.
Whether you face a misdemeanor shoplifting charge or a serious felony theft case, I provide intelligent, tactical representation every step of the way.

How We Can Help

If you’ve been accused of theft in Phoenix, your freedom and reputation are at stake. A theft charge doesn’t have to define your life — not when you have a lawyer who knows how to outthink the prosecution.

At the Law Office of Joshua A. Lopez, Esq, I combine strategic analysis, investigative precision, and powerful advocacy to deliver Smart Defense. Strong Results.

Call 480-386-1824 today for a free and confidential consultation.
We’ll review your case, protect your rights, and build a strategy designed to get your best possible outcome.

When your future is on the line, you need more than a defense — you need Smart Defense. Strong Results.