Theft Crimes AZ

October 31, 2021

Arizona Court Denies Defendant’s Request for a New Verdict

In a recent opinion from an Arizona court, a defendant’s appeal was denied despite the multiple arguments he put forward asking for a new verdict. The defendant was charged after having robbed a smoke shop with a group of friends and killing the store clerk. On appeal, the defendant argued that the trial was conducted in error and that he was unfairly sentenced to time in prison. Ultimately, the court denied the defendant’s arguments and thus affirmed the original guilty conviction.

Facts of the Case

According to the opinion, the defendant and three friends were together in an apartment when they decided to rob a nearby smoke shop. The group took a gun, gathered an empty duffel bag, and set out for the smoke shop. En route, one of the defendant’s friends expressed that he intended to kill the store clerk upon arrival.

Security cameras captured the group walking into the shop, gathering merchandise, going through the cash drawers, and shooting the store clerk in the head. An autopsy of the clerk revealed that he had been shot eight times and that he died as a result. A duffel back with store merchandise was recovered from the scene of the crime with the defendant’s DNA. Several days later, police officers executed a search warrant at the apartment and found stolen merchandise with the defendant’s fingerprints on it. The officers arrested the defendant and indicted him on counts of conspiracy to commit murder, first-degree murder, first-degree burglary, armed robbery, vehicle theft, and arson of an occupied structure.

November 9, 2013

Gone in Two Minutes: Burglary of Assault Weapons in Arizona

by James E. Novak, P.L.L.C.

Burglary of firearms of any value is a felony in Arizona; depending on the value and other aggravated circumstances, convictions can result in lifetime prison sentences..Like something out of the Hollywood movies like “Ocean’s 13” or “Gone in 60 Seconds”, recently three thieves stole 13 military style rifles from C-3 Arms, a gun shop in Phoenix.

The burglary was videotaped with surveillance cameras, but the thieves were wearing bandanas and tee shirts over their faces. The three men got the front doors open, cut a security cable and removed the rifles worth about $12,000 from the store. There was additional damage to other guns worth about $12,000. The trio drove away in a white Chevy pickup.

The owner of the gun store was surprised that it took only 2 minutes for the burglars to break into the strict security system. Each gun had a serial number etched onto it. The public is being asked for tips and there is a $6000 reward for capturing the thieves and the stolen guns. The police believe the stolen guns will be used in future crimes.

If caught, the thieves will probably be charged with burglary and theft. In Arizona, criminal burglary is entering or remaining inside a building without the owner’s authorization, dwelling or fenced lot with the intent to commit a crime. Theft of items worth less than $1000 is usually charged as a misdemeanor. However, theft of guns are charged as felonies regardless of the value of the guns, and in this case, because the guns were valuable, the charges and potential sentencing will be more severe.

September 14, 2012

Theft: Purchasing known stolen items, may result in criminal liability.

by James E. Novak, P.L.L.C.

In Arizona laws are in place that will result in criminal charges imposed on a person or business who knowing buys or sells stolen property that they know or should have known were stolen.

Laws were enacted as recently as January and March of 2012 that impose strict guidelines on businesses, particularly copper and metal buyers to register, index, report, and obtain proof of the originating source of the goods.

Failure to comply with the laws or to make a reasonable effort to find out the rightful owner of property they purchase from an entity may result in theft offense prosecution of the business owner or buyer of the stolen property.
A.R.S. § 13-1802. Theft; classification; definitions

A. Theft defined: A person commits theft if they unlawfully and knowingly:

• Control property of another knowing or having reason to know that the property was stolen; or
• Control another’s property with intent to deprive the other person of that property; or
• Gains control of property that was lost, misplaced, or delivered to the wrong addressee, belonging to another without making a reasonable effort to find or notify the real owner.

G. Classification:

Theft of property under $1,000.00 may be charged as a Misdemeanor. Theft of property with a value equal to $1,000.00 or are classified as Felonies. They range from Class 5 up to Class 2 depending on the value. The higher the monetary value the more serious the penalties.

If the item stolen is a firearm; or an animal stolen for the purpose of fighting, the charge will be classified as Class 6 Felonies even if the value is under $1,000.00
Theft Penalties

Convictions for first-time theft charges carry harsh penalties. The range from the low sentencing of six months in jail, and fines of up to $2,500.00 for a Class 1 Misdemeanor. Class 2 felony theft convictions expose a person to prison sentencing ranging from four to ten years.
All theft convictions may include court ordered counseling, community service, probation, restitution, costs, assessments; fees, and fines that can be exorbitant upwards to $150,000.

In the case of a Class 1 Misdemeanor theft first-offense, that involves a limited dollar value the offender may qualify to participate in a theft diversion program, in place of serving jail time.

Criminal Defense Theft Crimes Chandler AZ

If you were arrested for any type of theft crime you should consult a criminal defense attorney to discuss your matter and options for defense. If you have first offense Misdemeanor charges, with no criminal record, you may qualify for a diversion program. If you face felony theft charges or have been charged with a repeat offense, you should retain a private practice criminal attorney to defend you. They will protect your rights; defend your charges; and work to get a favorable resolution in your case.

Additional Theft Resources:

• Arizona State Legislature – Theft Definition and Classification

• Arizona State Legislature – Trafficking stolen property

• Arizona Department of Public Safety – Vehicle Theft Task Force

September 5, 2012

New Metal Theft Laws: Arizona calls for more severe penalties, and strict reporting for scrap metal buyers and sellers

by James E. Novak, P.L.L.C.

Metal Theft Charges

Copper is an example of a high demand Non-Ferrous metal, with comprehensive uses, and is more resistant to rust and corrosion, than many other types of metals. As a result, thefts of copper and copper cable have become such a widespread problem in Arizona that many law enforcement agencies are offering rewards for information leading to arrests. In additional Arizona has passed legislation in an attempt to combat the crimes which place more restrictions on the businesses purchasing the copper, and more harsh sentencing and penalties for copper theft convictions.

Arizona Metal Theft Laws: HB 2396, A.R.S. §44-1642, A.R.S. §44-1644
Arizona Law HB 2396 was passed March 21, 2012. This Law intended to increase penalties by amending ARS § 13 – 1801, and ARS § 13 – 1802 to delete term “scrap metal” from the definition of value. This change redefines the average Fair Market Value of copper in the local area; together with the repair or replacement value of any property from which the metal was removed during the theft. For sentencing purposes, this serves to increase the penalties for a copper theft conviction, since the value of stolen property is a major factor considered in Sentencing Guidelines and penalties. For example, If a person were convicted of stealing copper in the amount of $3,000 or more may be charged with a Class 4 felony, exposing a person to prison terms of 18 months to 3 years, which is more severe than if it were “scrap metal” stolen.

A.R.S. § 44-1642: Effective January 1, 2012, requires that all scrap metal businesses register to report their purchases by reporting them to a Scrap Metal Theft Data Base that indexes purchase records; transaction limits; age of seller; and exceptions’.

A.R.S. § 44-16442: Effective January 1, 2012, requires that all scrap metal businesses register to report their purchases to the department of public safety; exemption; violation; classification.

Criminal Defense for Copper Theft or other Theft Crimes

If you have been arrested or charged with theft of copper metal, copper cord, or any other theft crime, you may be exposed to felony charges and prison sentencing. The prosecution will egregiously pursue convictions. Laws have been enacted to increase sentencing and penalties for those offenses. You should contact an experienced criminal defense attorney to discuss your matter and options for defense. With proper legal representation, and you will increase your chances of avoiding prison terms, and harsh penalties of a conviction. An experienced criminal attorney will protect your rights, defend your charges, and make every effort to get a favorable resolution in your case.
Additional Resources:

• Theft Definitions
• Theft Classifications
• Arizona HB 2396

August 16, 2012

Arizona Robbery Laws: A person may be convicted for robbery even if nothing was stolen and no one was harmed.

by James E. Novak, P.L.L.C.

Types of Robbery Charges

There are three classifications of robbery in Arizona:

1) Robbery;
2) Armed Robbery which involves a weapon;
3) Aggravated Robbery which involves an accomplice
Even if a robbery offense does not involve a weapon or an accomplice it is serious felony charge. Maricopa County prosecutors pursue them egregiously because they are considered crimes against a victim. If convicted, a person may be exposed to long term jail and prison sentencing.

Arizona Robbery Laws A.R.S. § 13-1902

A.R.S. § 13-1902 Robbery is theft that occurs; is intended; or attempted while the owner, caretaker or authorized party overseeing the property stolen is present at the time of the incident.
Robbery occurs when items (s) are stolen forcefully or against a person’s will. Robbery also includes acts or words of intentional intimidation, force or threat used against the owner or caretaker of the property in an effort to cause them to surrender the property against their will.

In order to get a conviction for robbery, the intent to commit robbery must exist. A person may be found guilty of robbery or attempted robbery, even if no property was taken; or even if a victim was unharmed.

A person may be guilty of robbery, or attempted robbery, even if they did not get away with any of the property; an even if the victim or witnesses were not harmed.

Robbery Sentencing Mesa AZ

Robbery charges without aggravated circumstance are Class 4 Felonies under Arizona Law. All robbery charges are felonies and sentencing is harsh. If convicted a person will be exposed to prison sentencing of up to 3.75 years in State Prison;, or jail sentences up to one year. Other penalties include fines; fees; victim restitution; property damage, community service, and other penalties the judge deems appropriate. A sentence may be mitigated, which means reduced, or aggravated which mean increased based on certain factors. Factors may include prior criminal record repeat offenses; nature, monetary value, and number of items stolen.

Robbery Lawyer for defense in Mesa AZ
If you have been arrested for robbery, you will need to hire an experienced criminal attorney to defend you. They will make sure you are treated fairly; defend your charges; and look for defenses that may apply to your case; and provide the court with mitigating factors on your behalf. Retaining a qualified lawyer will increase your chances of getting a good outcome in your case.

Arizona Legislature

Arizona Criminal Defense Attorney for Robbery

April 17, 2012

Copper Theft Laws: Arizona harsher sentencing and penalties for convictions; strict reporting guidelines for scrap metal transactions by businesses.

by James E. Novak, P.L.L.C.

Copper Theft Arrests Phoenix, AZ

Copper is considered a high demand Non-Ferrous metal, with comprehensive uses, and is more resistant to rust and corrosion, than many other types of metals. As a result, thefts of copper and copper cable have become such a widespread problem in Arizona that many law enforcement agencies are offering rewards for information leading to arrests. In additional Arizona has passed legislation in an attempt to combat the crimes which place more restrictions on the businesses purchasing the copper, and more harsh sentencing and penalties for copper theft convictions.
New Arizona Copper Theft Laws: HB 2396, A.R.S. §44-1642, A.R.S. §44-1644
Arizona Law HB 2396 was passed March 21, 2012. This Law intended to increase copper theft penalties by amending ARS § 13 – 1801, and ARS § 13 – 1802 to delete term “scrap metal” from the definition of value. This change redefines the average Fair Market Value of copper in the local area; together with the repair or replacement value of any property from which the metal was removed during the theft. For sentencing purposes, this serves to increase the penalties for a copper theft conviction, since the value of stolen property is a major factor considered in Sentencing Guidelines and penalties. For example, If a person were convicted of stealing copper in the amount of $3,000 or more may be charged with a Class 4 felony, exposing a person to prison terms of 18 months to 3 years, which is more severe than if it were “scrap metal” stolen.

A.R.S. § 44-1642: Effective January 1, 2012, requires that all scrap metal businesses register to report their purchases by reporting them to a Scrap Metal Theft Data Base that indexes purchase records; transaction limits; age of seller; and exceptions’.

A.R.S. § 44-16442: Effective January 1, 2012, requires that all scrap metal businesses register to report their purchases to the department of public safety; exemption; violation; classification.

Criminal Defense for Copper Theft or other Theft Crimes

If you have been arrested or charged with theft of copper metal, copper cord, or any other theft crime, you may be exposed to felony charges and prison sentencing. The prosecution will egregiously pursue convictions. Laws have been enacted to increase sentencing and penalties for those offenses. You should consult an experienced criminal defense attorney to discuss your matter and options for defense. With proper legal representation, and you will increase your chances of avoiding prison terms, and harsh penalties of a conviction. An experienced criminal attorney will protect your rights, defend your charges, and make every effort to get a favorable resolution in your case.

January 12, 2012

Burglary Sentencing Guidelines: Burglary charges in Arizona are felonies. All felonies in Arizona call for prison terms. Find out what factors area considered by the judge to determine the length of the prison term, if convicted.

by James E. Novak, P.L.L.C.

“Why Mesa criminal lawyers will advise you to hire an experienced criminal Attorney to defend your burglary charges in Mesa AZ”
Mesa AZ Burglary Charges
Burglary charges are considered to be victim crimes. Any crime against a victim is considered to be a serious offense. If you were arrested on burglary charges in Mesa AZ, you should consult a criminal lawyer who is experienced at defending Mesa burglary charges as soon as possible. There are different levels of burglary charges in Arizona, and all of them are categorized as felonies. Any felony conviction exposes you to potential prison sentencing along with other harsh penalties.

http://www.youtube.com/watch?v=f2a59QBKIM0

Arizona Burglary Laws
Arizona Law describes burglary under A.R.S. Chapter 15 13-1501 “CRIMINAL TRESPASS AND BURGLARY”. The different levels vary depending on the circumstances surrounding the offense. In general the law describes burglary as the act of entering property unlawfully.

Below are some Arizona Burglary Law facts:
• A person can be arrested or convicted of burglary if they “intended” to steal something, even if they did not take anything.
• Burglary to a residential property is more serious, than burglary to commercial property.
• A person or an accomplice must possess “knowledge” that the person committing the burglary is used or possessed a firearm, explosive, or other deadly weapon in order to be convicted of “First Degree Burglary” (the most serious);
• It is not necessary for the building or area to have been locked to be convicted;
• It is not necessary for a person to be in the building during the burglary, in order to be convicted;
• Burglary is often coupled with other criminal charges such as Criminal Trespassing or other charges that often occur simultaneously with a burglary;
• All burglaries are charged as felonies and expose the defendant to prison sentencing.
Arizona Burglary Classifications:
Burglary charges classifications are outlined under A.R.S. Chapter 15 “CRIMINAL TRESPASS AND BURGLARY” 13-1505, 13-1506, 13-1507, and 13-1508. Here are the main classifications of burglary under Arizona Law:
• A.R.S. 13-1505: Possession of Burglary tools; (Class 6 Felony);
• A.R.S. 13-1506: Third Degree Burglary (Class 4 Felony);
• A.RS. 13-1507: Second Degree Burglary (Class 3 Felony);
• A.R.S. 13-1508: First Degree Burglary; (Class 3 -commercial / Class 2- residential)
Burglary classifications range from Class 6 Felonies (least severe) to Class 2 Felonies (most serious). The only classification more serious than Class 2 First Degree Burglary is a Class 1 felony. Class 1 felonies are reserved for the most serious crimes of homicide or the taking of another person’s life.

Arizona Burglary Sentencing Guidelines
Arizona Burglary Sentencing falls under A.R.S. Chapter 7 “SENTENCING AND IMPRISONMENT” 13-701 to 13-706 which applies to burglary sentencing.
All Felony Classification have sentencing ranges of minimums to maximums with regard to the length of prison terms. Sentencing Guidelines the court considers when determining the sentencing depends of many factors. Below are some considerations:
1) The presence of mitigating verses aggravating factors;
2) Repeat offense verses first time offense;
3) Criminal record;
4) Existence of violence or harm to victim (s);
5) Extent of harm to victim (s);
6) Involvement or possession of a gun, or other deadly weapon in the burglary;
7) Nature and value of property stolen;
8) Extent of damage to the vehicle, building or other property resulting from the burglary;
9) Other criminal offenses committed with the burglary (such as trespassing, or assault).

Criminal Defense Lawyer for Burglary Mesa AZ
Particularly with serious crimes it is easy to forget that every defendant is innocent until proven guilty. By law the accused has a right to defend their Mesa AZ charges. But keep in mind that it is unwise to try to defend such serious charges without representation by a qualified criminal defense attorney. A conviction for charges as serious as burglary will change your life forever and detriment every aspect of it, beginning with your future and freedom.
This is why Mesa criminal lawyers will advise you to hire an experienced criminal attorney to defend your Mesa AZ burglary charges. A good criminal defense lawyer will defend you; protect your rights; assure you will be treated fairly; and fight to get your Mesa AZ burglary charges dropped, or if that is not possible, will alternatively attempt to get charges and sentencing reduced so that they have the least impact as possible on your life.
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December 6, 2011

Arizona Burglary Laws and Classifications: Under Arizona Law, a person may be charged with Burglary if they stole nothing, but “intended” to steal something

by James E. Novak, P.L.L.C.

“Find out why top Phoenix criminal attorneys will advise you not to plead guilty before consulting an experienced criminal lawyer in Phoenix AZ who defends burglary charges.”

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Phoenix Burglary Charges

June 30, 2011

Robbery Laws: Definition of Robbery, and sentencing considerations if convicted.

by James E. Novak, P.L.L.C.

You can gain control of your life again for a fresh start by hiring a good criminal defense attorney who defends cases in Scottsdale AZ.

In Arizona robbery is considered a Class 4 Felony under Code A.R.S. 13-1902 of Arizona Criminal Law. If you were arrested for robbery in Scottsdale, AZ should consult good AZ felony attorney who defends charges in Scottsdale AZ regularly. Top Criminal Lawyer in Arizona will advise you to plead “not guilty” initially and hire an experienced Arizona criminal attorney to defend your charges.

Felony Charges | Robbery Laws | Scottsdale Arizona
A.R.S. 13-1902 Robbery is defined as offenses occur under the following circumstances:
A. Taking someone’s property; and
B. While in the presence of the owner, permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store);
C. The property was taken forcefully against the owner’s or authorized person’s will;
D. The accused used intentionally used threat, intimidation, or force, against the owner or custodian of the property in order to gain control of the property. Thus causing the person or authorized party to surrender the property to them.

Robbery Sentencing
Sentencing if convicted of Scottsdale robbery charges, include incarceration in state prison with sentences not to exceed 3.75 years; jail sentence up to one year; fines, restitution for the victim’s property damage, or stolen property, probation, mandatory counseling, and anything the judge feel is appropriate and necessary based on the facts surrounding the charges. Sentencing considerations by he judge include past criminal record, repeat offenses, manner of robbery, monetary value of items, and number of items stolen.

Robbery Attorney – Criminal Defense for Robbery
Arizona is relentless in pursuing convictions for robbery charges. If you face Scottsdale robbery charges, you will need a highly qualified criminal attorney to defend. This will be give you the best chance at getting a case dismissal, charge or sentencing reduction, or otherwise better outcome in your case than what a conviction or guilty verdict by a jury would bring. You can take control of your situation by hiring a good felony defense attorney who defends charges in Scottsdale AZ. Failure to hire an experienced private practice criminal attorney in Arizona will almost always result in a conviction. A good criminal lawyer or defense firm will make sure your rights are protected, you are treated fairly; and build and mount a strong defense case on your behalf.

May 23, 2011

Felony Theft Laws: Factors that raise theft to felony theft charges

by James E. Novak, P.L.L.C.

The best criminal Arizona criminal attorneys agree that your chances of getting a case dismissed, charges or sentencing reduced or otherwise best outcome in your case, is to hire a private practice criminal attorney to defend your Chandler AZ charges.

Felony Theft Charges Gilbert AZ
First, if you face felony theft charges in Gilbert AZ you should consult a criminal attorney who defends charges in Gilbert AZ. These are very serious charges and you will need the help of a private practice criminal attorney to help you defend these charges.
Theft is the act of illegally taking or using someone else’s property or services without their payment, their permission, or their consent. In Arizona, you can be charged with “theft” if you accept or receive property that you know was stolen before you purchased it. It does not matter if you paid a fair price for the property or not.
In Arizona, stolen property or services greater than $1,000.00 in monetary value is a felony. The exceptions are related to theft of firearms or animals stolen for use in fighting. In those cases, Arizona laws classify these offenses felonies regardless of the amounts. Arizona felony theft charges can include a wide range of illegal activities including but not limited to the following:

• Theft of an auto, auto engine, or auto transmission;
• Grand theft;
• Taking items from a store or retailer without paying;
• Using services or property without mutual agreement of nonpayment;
• Larceny;
• Grand Larceny;
• Forgery;
• Possession of a forgery device;
• Money laundering;
• Theft of firearms (regardless of value);
• Burglary;
• Armed Robbery;
• Carjacking;
• Animals Stolen for the intent of use for fighting (regardless of value);
• Fraud and Schemes;
Arizona Theft Laws
Theft laws in Gilbert AZ fall under Arizona State Laws. AZ theft laws can be found under A.R.S. 13-1801 and A.R.S. 13-1802 and can be found at the azleg.state.az.
In order to be convicted of felony theft charges, Arizona, the prosecution must prove that the defendant, “knowingly” and “intentionally” committed the theft. This is sometimes difficult for the prosecution to prove. As a result this is an issue that experienced criminal lawyers challenge to defend felony theft charges.

If you purchased or took possession of property in good faith with agreed upon payment from the seller, should you face a felony theft conviction which includes a prison sentence, a criminal record among other punishments? Most people think not. Your criminal defense attorney will challenge such felony theft charges with due diligence. It will be an uphill battle for the prosecution to convict you of felony theft charges in such event.

Felony Theft Penalties Gilbert AZ
Felony Theft Penalties are based on the classification of the criminal charges. The felony theft classifications are determined based on the dollar amount or value of the alleged stolen property or service. The judge also considers such factors as the number of items stolen, the nature of items stolen; the manner in which they were taken; prior criminal record; repeat offense; and other factors surrounding the felony theft charges.

Penalties for Gilbert AZ felony theft charge convictions include prison or jail sentences, fines, restitution, community service, counseling, supervised probation and more. The judge has the authority to order additional punishments based on the listed factors above.

If the stolen property or service’s value equals $100,000.00 or greater, defendants will not be eligible for suspended sentencing, probation, pardons or release from incarceration except as pursuant to terms under section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

Criminal Defense Attorney Gilbert AZ
Your criminal defense attorney will guide you through the Arizona criminal justice system and processes. A good criminal attorney will begin working your case promptly to build a solid defense on your behalf. The best criminal Arizona criminal attorneys agree that your chances of getting a case dismissed, charges or sentencing reduced or otherwise best outcome in your case, is to hire a private practice criminal attorney to defend your Chandler AZ charges.