Scottsdale Theft Lawyer

Scottsdale’s upscale retail environment—from Scottsdale Fashion Square to the boutiques of Old Town—sees significant theft enforcement. Arizona’s unified theft statute covers conduct ranging from shoplifting merchandise to embezzlement from employers, with penalties based primarily on the value of property taken. Even misdemeanor theft creates a permanent “crime of dishonesty” record that affects employment, professional licensing, and immigration status for years.

Attorney Josh Lopez represents clients throughout Scottsdale facing theft and shoplifting charges, with an office at 6991 East Camelback Road and experience in Scottsdale City Court.

→ For comprehensive Arizona theft law information, see: Phoenix Theft Lawyer
→ For Arizona statutes, see: Arizona Theft Laws

Theft Classifications by Value (ARS § 13-1802)

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

Special Circumstances

• Theft of a firearm: Class 6 Felony minimum regardless of value
• Theft from vulnerable adult: Classification elevated by one level

Shoplifting in Scottsdale (ARS § 13-1805)

Scottsdale Fashion Square

As Arizona’s largest shopping mall with luxury retailers, Scottsdale Fashion Square sees significant shoplifting enforcement. Loss prevention teams are sophisticated, and cases are regularly prosecuted in Scottsdale City Court.

Old Town Boutiques

The unique retail environment of Old Town—smaller stores, higher-value merchandise—creates shoplifting cases with different evidence patterns than large retail stores.

Kierland Commons and Scottsdale Quarter

These mixed-use developments combine retail, dining, and entertainment, creating environments where shoplifting charges may accompany other incidents.

Shoplifting Classifications

Circumstance	Classification
Value under $1,000	Class 1 Misdemeanor
Value $1,000 – $1,999	Class 6 Felony
Value $2,000+	Class 5 Felony
Using artifice/device (booster bag)	Class 4 Felony

Organized Retail Theft (ARS § 13-1819)

Shoplifting as part of a coordinated scheme with others, or for purposes of resale, carries enhanced penalties up to Class 2 Felony.

Common Scottsdale Theft Scenarios

Retail Theft

Scottsdale’s high-end retail environment creates cases involving:

• Luxury goods (designer items, jewelry, electronics)
• Higher-value items pushing charges into felony range
• Sophisticated loss prevention operations
• Surveillance footage and security tags as evidence

Employee Theft

Scottsdale businesses—from resort properties to professional offices—see employee theft allegations involving:

• Cash handling discrepancies
• Inventory shrinkage attributed to employees
• Credit card transaction fraud
• Theft of equipment or supplies

Vehicle-Related Theft

• Theft from vehicles in parking structures
• Package theft from residential areas
• Catalytic converter theft

Resort and Hotel Theft

Scottsdale’s resort properties generate theft allegations involving:

• Items from rooms
• Theft from other guests
• Employee theft from guests or the property

Scottsdale City Court

Location: 3700 N. 75th Street, Scottsdale, AZ 85251

Scottsdale City Court handles misdemeanor theft charges (under $1,000) arising within city limits. Felony theft cases are transferred to Maricopa County Superior Court.

Defense Strategies

Lack of Intent

Theft requires intent to deprive the owner of property:

• Accidental taking (walked out without paying)
• Believed property was yours
• Intended to pay or return property

Mistaken Identity

• Video doesn’t clearly show defendant
• Multiple people involved
• Witness identification unreliable

Value Challenges

Since 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
• Inflated claims

Constitutional Violations

• Unlawful detention by security
• Illegal searches
• Miranda violations

Collateral Consequences

Crime of Dishonesty

Theft is a “crime of moral turpitude” with lasting consequences:

• Background check disqualification
• Automatic disqualification for positions involving money/trust
• Professional license denial or revocation

Immigration

Theft convictions can trigger deportation, inadmissibility, and denial of naturalization for non-citizens.

Civil Recovery

Beyond criminal charges, retailers may pursue civil recovery under ARS § 12-691, demanding the return of merchandise plus penalties up to $1,000.

Frequently Asked Questions

Is shoplifting a felony in Scottsdale?

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 devices like booster bags, or when part of organized retail theft.

What if I accidentally left the store with merchandise?

Lack of intent is a valid defense. If you genuinely forgot to pay or didn’t realize you had merchandise, this can be presented to challenge the charges.

Will a theft conviction affect my career?

Yes. Theft is a “crime of dishonesty” that appears on background checks and can disqualify you from positions involving money, trust, or fiduciary responsibility.

Can theft charges from Scottsdale Fashion Square be dismissed?

Yes. Defense strategies include challenging identification, disputing value, raising constitutional violations, and negotiating for diversion programs (for first-time offenders).

What is the difference between theft and shoplifting?

Shoplifting (ARS § 13-1805) specifically covers taking merchandise from retail establishments. General theft (ARS § 13-1802) covers broader conduct including embezzlement, theft by deception, and receiving stolen property.

Do first-time offenders get diversion?

Some courts offer diversion for first-time misdemeanor theft, potentially resulting in dismissed charges upon completion of theft prevention classes, community service, and restitution.

Contact a Scottsdale Theft Defense Attorney

Theft charges create permanent “crime of dishonesty” records that affect employment and professional licensing for years. Whether you’re facing shoplifting allegations from Scottsdale Fashion Square or more complex theft charges, an experienced attorney can evaluate defenses and work toward the best possible outcome.

Attorney Josh Lopez defends theft charges throughout Scottsdale.

Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251

Call (480) 386-1824 or complete the contact form to schedule your free consultation.