Shoplifting Lawyer Phoenix
Shoplifting is one of the most commonly charged crimes in Phoenix, occurring daily at retail stores throughout the Valley. While often viewed as a minor offense, Arizona treats shoplifting seriously—with charges that can range from misdemeanor to felony depending on value and circumstances. A shoplifting conviction creates a “crime of dishonesty” record that affects employment, housing, and professional opportunities for years.
Attorney Josh Lopez represents clients throughout Phoenix facing shoplifting charges, from first-time offenders to those facing felony allegations.
→ For comprehensive Arizona theft law information, see: Phoenix Theft Lawyer
→ For Arizona statutes, see: Arizona Theft Laws
Shoplifting Under Arizona Law (ARS § 13-1805)
How Shoplifting Is Committed
A person commits shoplifting by knowingly:
- Removing goods from a store without paying
- Charging to fictitious person or another without authority
- Paying less than purchase price by altering price tags, containers, or other means
- Transferring goods between containers to pay less
- Concealing goods while still in the store
Important: You can be charged with shoplifting while still inside the store if you’ve concealed merchandise.
Shoplifting Classifications and Penalties
Based on Value
| Property Value | Classification | Maximum Penalty |
| Under $1,000 | Class 1 Misdemeanor | 6 months jail |
| $1,000 – $1,999 | Class 6 Felony | 2 years prison |
| $2,000+ | Class 5 Felony | 2.5 years prison |
Enhanced Penalties
Using Device or Artifice (Class 4 Felony)
Using a device designed to overcome security—such as a “booster bag” lined with foil to defeat sensors—elevates shoplifting to a Class 4 Felony regardless of value (up to 3.75 years prison).
Organized Retail Theft (ARS § 13-1819)
Shoplifting as part of an organized scheme with others, or for purposes of resale, carries enhanced penalties up to Class 2 Felony.
Prior Convictions
Two prior shoplifting convictions within 5 years elevate subsequent offenses to Class 4 Felony.
Common Shoplifting Scenarios in Phoenix
Major Retail Centers
Phoenix’s extensive retail environment generates high volumes of shoplifting charges:
- Metrocenter and Desert Ridge shopping areas
- Christown Spectrum and Paradise Valley Mall
- Big-box stores (Target, Walmart, Home Depot)
- Grocery stores (Fry’s, Safeway, Albertsons)
- Specialty retailers throughout the Valley
Self-Checkout Issues
Self-checkout stations create ambiguous situations:
- Items accidentally not scanned
- Scanning errors
- Weight sensor problems
- Distracted checkout
These can result in shoplifting allegations even without intent.
Concealment While Shopping
Placing items in bags, pockets, or strollers while shopping—even if you intend to pay—can result in shoplifting charges before you reach the register.
Price Tag Manipulation
Switching tags, removing tags, or altering UPC codes to pay less than full price.
Return Fraud
Returning merchandise for refund when:
- Items were stolen
- Receipts were fabricated
- Items were used and returned as new
Loss Prevention and Detention
Merchant Detention Rights
Arizona allows merchants to detain suspected shoplifters (ARS § 13-1805(C)):
- Reasonable manner
- Reasonable time
- To investigate ownership of property
What Happens After Detention
- Loss prevention may question you
- Police called to respond
- Criminal citation or arrest
- Trespass notice issued
- Civil recovery demand follows
Your Rights During Detention
- You don’t have to answer questions
- You can request an attorney
- Detention must be reasonable
- Excessive force is not permitted
Defense Strategies for Shoplifting
Lack of Intent
Shoplifting requires knowing conduct:
- Forgot to pay due to distraction
- Item accidentally in bag/pocket
- Self-checkout error
- Intended to pay but detained first
No Concealment
Carrying merchandise openly while shopping isn’t concealment:
- Item was visible
- Proceeding toward checkout
- No effort to hide
Mistaken Identity
You weren’t the person who shoplifted:
- Surveillance unclear
- Description matches multiple people
- Actual shoplifter fled
Value Disputes
Challenging value affects classification:
- Sale price vs. retail price
- Damaged goods
- Actual value vs. alleged value
Reducing value below $1,000 keeps charges misdemeanor.
Constitutional Violations
- Unlawful detention
- Coerced statements
- Improper search
- Miranda violations
First Offender Options
Diversion Programs
Many Phoenix-area courts offer diversion for first-time shoplifters:
- Theft prevention classes
- Community service
- Restitution
- Charges dismissed upon completion
Deferred Prosecution
Agreement with prosecutor:
- Complete conditions
- Case dismissed
- No conviction
Plea Negotiations
Reducing charges to:
- Lesser offense
- Civil compromise
- Non-theft violation
Civil Recovery Demands
Separate from criminal charges, retailers pursue civil recovery (ARS § 12-691):
| Category | Amount |
| Merchandise value | Full retail |
| Civil penalty (adult) | Up to $250 |
| Civil penalty (minor) | Up to $150 |
Note: Paying civil demand doesn’t resolve criminal charges. Criminal resolution doesn’t resolve civil liability.
Collateral Consequences
Employment
Shoplifting is a “crime of dishonesty”:
- Background check disqualification
- Termination from current job
- Bars from retail, financial, trust positions
- Professional license issues
Housing
- Landlord screening rejection
- Rental application denials
Immigration
Theft offenses can trigger:
- Deportation
- Inadmissibility
- Denial of naturalization
Store Policies
Most retailers issue lifetime trespass notices—you cannot return to that store chain.
Frequently Asked Questions
Is shoplifting a felony in Arizona?
Shoplifting is a Class 1 Misdemeanor if the value is under $1,000. It becomes a felony at $1,000+ value, when using devices to defeat security (booster bags), or with two prior shoplifting convictions.
Can I be charged with shoplifting if I didn’t leave the store?
Yes. Concealing merchandise while in the store is shoplifting—you don’t have to leave to be charged.
What if the self-checkout machine made an error?
Self-checkout errors happen. Lack of intent is a defense if you didn’t knowingly fail to pay for items. Documentation and testimony about the checkout process can support this defense.
Will I go to jail for shoplifting?
For first-offense misdemeanor shoplifting, jail is possible but many defendants receive probation, classes, and diversion. Felony shoplifting carries prison possibility.
Can shoplifting charges be dismissed?
Yes. First offenders often qualify for diversion programs resulting in dismissal. Cases may also be dismissed for lack of evidence, successful defenses, or negotiations.
What about the civil demand letter I received?
Civil recovery is separate from criminal charges. Paying it doesn’t resolve criminal charges, and ignoring it may result in civil lawsuit. An attorney can advise on handling both.
Contact a Phoenix Shoplifting Defense Attorney
Shoplifting charges—even misdemeanors—create lasting “crime of dishonesty” records affecting your future. First offenders may have options to avoid conviction entirely. An experienced attorney can evaluate defenses, pursue diversion, and work toward the best possible outcome.
Attorney Josh Lopez defends shoplifting charges throughout Phoenix and Maricopa County.
Phoenix Office:
2601 N 3rd Street, Suite 301
Phoenix, AZ 85004
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.