Arizona Theft Laws: Classifications, Penalties, and Defense

Arizona consolidates what other states call “larceny,” “stealing,” and “theft” into a single unified theft statute. Under ARS § 13-1802, theft covers a broad range of conduct—from shoplifting a small item to embezzling substantial funds. The classification and penalties depend primarily on the value of the property taken and the circumstances of the offense.

Understanding how Arizona classifies theft, the potential penalties, and the available defenses is essential for anyone facing theft charges.

Arizona’s Unified Theft Statute (ARS § 13-1802)

Arizona’s theft law is codified in ARS § 13-1802. Unlike states that maintain separate offenses for larceny, embezzlement, theft by deception, and receiving stolen property, Arizona combines these into a single comprehensive statute.

Definition of Theft

Under ARS § 13-1802(A), a person commits theft if, without lawful authority, the person knowingly:

1. Controls property of another with the intent to deprive the other person of such property

This is the most common form of theft—taking something that belongs to someone else with the intent to permanently deprive them of it.

2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant’s possession for a limited, authorized term or use

This covers situations where someone is given temporary possession of property (rental, loan, employment) and converts it to their own use or keeps it beyond the authorized period.

3. Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services

This is theft by fraud or false pretenses—obtaining property through lies or deception.

4. Comes into control of lost, mislaid, or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person’s own or another’s use without reasonable efforts to notify the true owner

Finding property does not make it yours. If you find something and can reasonably identify the owner but keep it instead, that constitutes theft.

5. Controls property of another knowing or having reason to know that the property was stolen

This is receiving stolen property—knowingly possessing property that was stolen by someone else.

6. Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another’s services to the person’s own or another’s benefit without authority to do so

This covers theft of services—obtaining services (utilities, labor, accommodations) without paying.

Theft Classification by Value

Arizona classifies theft primarily based on the value of the property or services taken. Higher values result in more serious felony charges.

Theft Value Thresholds

Property Value	Classification	Maximum Penalty
Under $1,000	Class 1 Misdemeanor	6 months jail, $2,500 fine
$1,000 to $1,999	Class 6 Felony	1.5 years prison
$2,000 to $2,999	Class 5 Felony	2.5 years prison
$3,000 to $3,999	Class 4 Felony	3.75 years prison
$4,000 to $24,999	Class 3 Felony	8.75 years prison
$25,000 or more	Class 2 Felony	12.5 years prison

Note: These are first-offense presumptive maximums. Prior felonies significantly increase sentencing ranges.

How Value Is Determined

Under ARS § 13-1801, the value of property is determined by:

• Fair market value at the time and place of the theft
• Replacement cost if fair market value cannot be determined
• For services, the reasonable value of the services

When multiple thefts are part of a single scheme or course of conduct, the values may be aggregated to determine classification. This is significant in embezzlement cases where small amounts are taken over time.

Special Theft Circumstances

Certain theft offenses carry enhanced or specific classifications regardless of value:

Theft of a Firearm (ARS § 13-1802(E))

Theft of any firearm is a Class 6 Felony minimum, regardless of the firearm’s value. If the value exceeds thresholds for higher classifications, the higher classification applies.

Theft of a Motor Vehicle (ARS § 13-1814)

Theft of a “means of transportation” (vehicle, aircraft, watercraft) is charged under the separate statute ARS § 13-1814:

Circumstance	Classification
Value under $25,000	Class 3 Felony
Value $25,000 or more	Class 2 Felony
Any vehicle theft with prior vehicle theft conviction	Class 2 Felony

→ See: Phoenix Theft of Means of Transportation Lawyer

Theft from Vulnerable Adults (ARS § 13-1802(B))

Theft from a “vulnerable adult” (elderly or incapacitated person) carries enhanced penalties:

Value	Classification
Under $1,000	Class 6 Felony
$1,000 to $1,999	Class 5 Felony
$2,000 to $2,999	Class 4 Felony
$3,000 to $3,999	Class 3 Felony
$4,000 to $24,999	Class 2 Felony
$25,000 or more	Class 2 Felony

The threshold amounts remain the same, but each classification is elevated by one class.

Theft of Animals Taken for Fighting (ARS § 13-1802(F))

Theft of an animal taken for the purpose of animal fighting is a Class 6 Felony regardless of value.

Theft of Property Used for Religious Purposes (ARS § 13-1802(G))

Theft of property used for religious purposes is a Class 5 Felony regardless of value.

Shoplifting (ARS § 13-1805)

Arizona has a specific shoplifting statute, ARS § 13-1805, that covers retail theft. While theft under ARS § 13-1802 can apply to shoplifting, prosecutors often charge under the specific shoplifting statute.

Definition of Shoplifting

Under ARS § 13-1805(A), a person commits shoplifting if, while in a retail establishment, the person knowingly:

1. Removes goods from the immediate display or from any other place without paying
2. Charges the purchase price to a fictitious person or without authorization to an actual person
3. Pays less than the purchase price by trick, artifice, or device (such as price tag switching)
4. Transfers goods from one container to another (repackaging to reduce price)
5. Conceals goods on their person or in another container

Shoplifting Penalties

Value	Classification
Under $1,000	Class 1 Misdemeanor
$1,000 to $1,999	Class 6 Felony
$2,000 or more	Class 5 Felony
Using an artifice, instrument, container, or device to shoplift	Class 4 Felony

Organized Retail Theft (ARS § 13-1819)

Organized retail theft—shoplifting in concert with others or for resale—carries enhanced penalties:

Circumstance	Classification
Acting with one or more others	Class 4 Felony
For purpose of resale	Class 4 Felony
Value $25,000 or more over 90-day period	Class 3 Felony
Leading/organizing others	Class 2 Felony

Civil Recovery Demands

In addition to criminal penalties, retailers may pursue civil recovery under ARS § 12-691. This allows stores to demand:

• Return of the merchandise (or its value)
• Civil penalty of the greater of $150 or the retail value (up to $1,000)
• Court costs and attorney fees

Many shoplifters receive civil demand letters from retailers even when criminal charges are not filed or are resolved separately.

Theft by Extortion (ARS § 13-1804)

Theft by extortion involves obtaining property through threats. Under ARS § 13-1804, a person commits theft by extortion by knowingly obtaining or seeking to obtain property or services by threatening to:

• Cause physical injury
• Cause damage to property
• Engage in conduct constituting a crime
• Accuse anyone of a crime
• Expose a secret or publicize an asserted fact tending to subject anyone to hatred, contempt, or ridicule
• Take or withhold official action
• Cause a strike, boycott, or other collective action injurious to business
• Testify or withhold testimony regarding another’s legal claim

Extortion Penalties

Threat Type	Classification
Threat of physical injury, property damage, or crime	Class 2 Felony
All other threats	Class 4 Felony

Note that theft by extortion does not depend on value—the classification is determined by the nature of the threat.

Related Property Offenses

Robbery (ARS § 13-1902)

Robbery is theft plus force or threat of force. It is classified as:

Type	Classification
Simple robbery	Class 4 Felony
Aggravated robbery (with accomplice)	Class 3 Felony
Armed robbery (with weapon or simulated weapon)	Class 2 Felony

Robbery is always a felony regardless of the value taken.

Burglary (ARS § 13-1506 through 13-1508)

Burglary is entering or remaining in a structure with intent to commit theft or another felony:

Degree	Target	Classification
Third Degree	Non-residential structure or fenced yard	Class 4 Felony
Second Degree	Residential structure	Class 3 Felony
First Degree	While armed or causing injury	Class 2 Felony

Fraudulent Schemes and Artifices (ARS § 13-2310)

Large-scale fraud or schemes to defraud are charged under ARS § 13-2310 as a Class 2 Felony, regardless of the amount involved.

→ See: Phoenix Fraud Lawyer

Forgery (ARS § 13-2002)

Creating or altering documents with intent to defraud is charged under forgery statutes.

→ See: Phoenix Forgery Lawyer

Theft Penalty Ranges in Detail

Misdemeanor Theft (Under $1,000)

	Class 1 Misdemeanor
Maximum jail	6 months
Maximum fine	$2,500
Probation	Up to 3 years

First-time misdemeanor theft offenders often receive probation, diversion, or plea agreements to reduced charges.

Felony Theft Sentencing (First Offense, No Priors)

Classification	Mitigated	Presumptive	Aggravated
Class 6	4 months	1 year	2 years
Class 5	6 months	1.5 years	2.5 years
Class 4	1.5 years	2.5 years	3.75 years
Class 3	2.5 years	3.5 years	8.75 years
Class 2	4 years	5 years	12.5 years

Felony Theft with One Prior Felony

Classification	Mitigated	Presumptive	Aggravated
Class 6	9 months	1.75 years	2.75 years
Class 5	1 year	2.25 years	3.75 years
Class 4	2.25 years	3.75 years	7.5 years
Class 3	3.75 years	6.5 years	16.25 years
Class 2	6 years	9.25 years	23.25 years

Felony Theft with Two or More Prior Felonies

Classification	Mitigated	Presumptive	Aggravated
Class 6	2.25 years	3.25 years	5.75 years
Class 5	3 years	4.5 years	7.5 years
Class 4	6 years	10 years	15 years
Class 3	7.5 years	11.25 years	25 years
Class 2	10.5 years	15.75 years	35 years

Defense Strategies for Theft Charges

Lack of Intent

Theft requires the intent to deprive the owner of property. Defenses based on lack of intent include:

• Mistake: You believed the property was yours or that you had permission
• Accident: You inadvertently left a store with merchandise
• Borrowing: You intended to return the property (though this defense is limited)

The prosecution must prove you knowingly took property with intent to deprive the owner—if this cannot be proven beyond a reasonable doubt, a conviction cannot stand.

Claim of Right

If you genuinely believed you had a legal right to the property—even if that belief was mistaken—you may have a defense. This commonly arises in:

• Disputes over ownership between parties
• Employer-employee disputes over property or compensation
• Belief that property was abandoned

The belief must be honest, even if unreasonable.

Consent or Authorization

If the owner consented to your taking or using the property, there is no theft. This defense applies when:

• You had permission from the owner
• You were authorized by your position (employee with access)
• The owner later disputes permission that was actually given

Mistaken Identity

In shoplifting and retail theft cases, mistaken identity can occur when:

• Store employees or security misidentify the person who took merchandise
• Video surveillance is unclear
• Multiple people were in the area

Defense investigation may reveal that someone else committed the theft.

Challenging Value

Since theft classification depends on value, challenging the prosecution’s valuation can affect whether the charge is a misdemeanor or felony:

• Fair market value vs. retail price
• Depreciation for used items
• Actual worth vs. inflated claims

Reducing the proven value below a threshold can reduce the charge classification.

Entrapment

In cases involving undercover operations or informants, entrapment may apply if:

• Government agents induced you to commit a theft you were not predisposed to commit
• You would not have committed the offense but for the government’s conduct

This defense is narrow and requires showing you were not predisposed to commit theft.

Constitutional Violations

Evidence may be suppressed if obtained through:

• Illegal detention or arrest
• Unlawful search (bag searches, vehicle searches)
• Miranda violations during interrogation
• Coerced confessions

Suppression of key evidence can result in dismissal or acquittal.

Collateral Consequences of Theft Convictions

Theft convictions carry consequences beyond the criminal sentence:

Employment

Theft is considered a “crime of dishonesty” or “crime of moral turpitude.” Consequences include:

• Background check disqualification for many employers
• Automatic disqualification for positions involving money, trust, or sensitive information
• Professional license revocation or denial (banking, finance, real estate, healthcare)
• Loss of security clearances

Immigration

For non-citizens, theft convictions can have severe immigration consequences:

• Crimes involving moral turpitude (CIMT) can trigger deportation
• Aggravated felony theft ($10,000+ value) results in mandatory deportation
• Even misdemeanor shoplifting can affect visa renewal and naturalization

Non-citizens facing theft charges should consult with both a criminal defense attorney and an immigration attorney.

Civil Liability

In addition to criminal penalties:

• Victims can sue for the value of stolen property
• Retailers can pursue civil recovery
• Restitution is typically ordered as part of the criminal sentence

Professional Licensing

Many professional licenses require disclosure of criminal history and may be denied or revoked based on theft convictions:

• Nursing and healthcare licenses
• Teaching certificates
• Real estate licenses
• Financial services licenses
• Legal profession

Diversion and Alternative Resolution

Arizona provides alternatives to conviction for some theft offenders:

First-Time Offender Diversion

Some courts and prosecutors offer diversion programs for first-time misdemeanor theft offenders. Successful completion may result in:

• Dismissal of charges
• No conviction on your record
• Avoidance of collateral consequences

Requirements typically include:

• No prior criminal history
• Completion of theft prevention class
• Community service
• Payment of restitution

Plea to Reduced Charges

Even when diversion is unavailable, negotiated pleas may result in:

• Reduction from felony to misdemeanor
• Plea to a non-theft offense (reduces “crime of dishonesty” consequences)
• Deferred sentencing with dismissal upon completion of terms

Restitution Agreements

In some cases, payment of full restitution can influence plea negotiations and sentencing. Demonstrating willingness and ability to make the victim whole can be a mitigating factor.

Frequently Asked Questions

Is shoplifting a felony in Arizona?

Shoplifting is a misdemeanor if the value is under $1,000. It becomes a felony when the value is $1,000 or more, when using a device or artifice (like a booster bag), or when conducted as part of organized retail theft. A first-time shoplifting offense under $1,000 is typically a Class 1 Misdemeanor.

What is the difference between theft and robbery?

Theft is taking property without the owner’s consent. Robbery is theft accomplished through force or threat of force against a person. Robbery is always a felony (Class 4, 3, or 2 depending on circumstances), regardless of the value of property taken.

Can I be charged with theft for not returning something I borrowed?

Potentially, yes. Under ARS § 13-1802(A)(2), converting property entrusted to you for a limited term or use constitutes theft. If you borrow something and fail to return it with intent to keep it permanently, theft charges may apply. However, the prosecution must prove intent to permanently deprive—failure to return due to negligence or changed circumstances may not constitute theft.

What happens if I receive stolen property without knowing it was stolen?

The statute requires that you “know or have reason to know” the property was stolen. If you genuinely had no knowledge or reason to suspect the property was stolen, you have a defense. However, buying property at suspiciously low prices, from unknown sellers, or under unusual circumstances may support an inference that you had reason to know.

Can theft charges be expunged in Arizona?

Arizona does not have true expungement for theft offenses. However, you may petition to have the conviction “set aside” under ARS § 13-905 after completing your sentence. This does not erase the conviction but shows it was set aside. Certain theft offenses may qualify for record sealing under ARS § 13-911 after waiting periods.

How does value affect my theft charge?

Value is the primary factor determining whether theft is a misdemeanor or felony and which felony class applies. Under $1,000 is a misdemeanor; $1,000+ is a felony. Higher values mean higher felony classifications and longer potential sentences. Challenging the prosecution’s valuation can be an important defense strategy.

What if I intended to pay but forgot?

Genuine mistake or accident—such as forgetting an item in your cart—may be a defense to theft charges. The prosecution must prove you knowingly took property with intent to deprive. However, this defense is fact-specific and may be difficult to establish if other evidence suggests intentional taking.

Arizona Theft Defense Representation

Theft charges—whether misdemeanor shoplifting or felony embezzlement—carry serious consequences for your freedom, your record, and your future. A theft conviction creates a permanent record as a “crime of dishonesty” that can affect employment, professional licensing, immigration status, and more.

For a consultation regarding theft charges anywhere in Arizona, contact Attorney Josh.

Call (480) 386-1824 or complete the contact form to discuss your case.