How Phoenix Criminal Attorneys Defend Phoenix Theft Charges
If you were arrested or charged with felony theft in Arizona you should consult an Arizona Attorney who defends theft charges in Phoenix Court on a regular basis. The criminal defense attorney in Arizona you choose should understand the Phoenix criminal justice system, court protocol, Arizona Laws, and Theft defenses that can be used on your behalf for defense. Felony theft convictions carry harsh penalties that may expose you to extended prison or jail sentences, fines, restitution to the victim (s) and other penalties. There may be defenses available that if used effectively can help you avoid a conviction.
Arizona Theft Defenses and Theft Laws in Arizona
Arizona theft laws are outline under A.R.S. 13-1801 and A.R.S. 13-1802 and can be reviewed in more detail at azleg.state.az. Arizona Revised Statutes website. Refer to excerpts of the law cited in part from A.R.S. 13-1802. Theft; classification which reads in part as follows:
“A.R.S. 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… B. A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult’s property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property….”
Portions of the law are cited above and emphasis placed by this author on the words “knowingly” and “intent”. In order to get a conviction for a Phoenix Felony charges for theft, the prosecution will need to prove that you “knowingly” and “intentionally” committed a theft crime. This is not always easy for the prosecution to prove, especially when certain evidence is being challenged by a Phoenix AZ criminal defense firm. This is just example of many defenses a private practice Arizona criminal attorney using the Arizona laws in your favor to build a winning defense on your behalf. Depending on the circumstances of your case, a good private practice Phoenix criminal lawyer will know what other defenses should be used based on the facts surrounding your Phoenix felony charges.
Arizona Felony Penalties for Theft
Felony Penalties for theft based on classification of the felonies. Felony classifications are based on the dollar amount or value of the alleged stolen property or services at issue. Below is a summarized classification chart:
• $25 000. or greater results in a class 2 Felony;
• $4,000. or greater but less than $25,000.00 results in class 3 Felony;
• $3,000. or greater but less than $4,000. results in class 4 felony;
• Theft of any vehicle, engine or transmission is a class 4 felony, regardless of the value of that vehicle, engine or transmission;
• $2,000. or greater but less than $3,000 results in class 5 felony;
• $1,000. or greater but less than $2,000.00 results in a class 6 felony;
• Less than $1,000. is charged as a Class 6 felony if the stolen property is a firearm or an animal stolen with the intent of using it for animal fighting pursuant to violation of A.R.S. 13-2910.01.
If the stolen property or service value equals $100,000.00 or greater, the courts extend strict penalties under the law. In these cases defendants are not eligible for leniency such as suspension of sentence, probation, pardon or release from confinement on any basis except as pursuant 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.
Phoenix Criminal Attorney for Felony Defense
One thing the best Arizona criminal lawyers agree on is that your chances of getting you’re felony charges of theft dismissed reduced, or the best possible outcome in your case is to retain an experienced Arizona criminal attorney who defends charges frequently in Phoenix AZ. A conviction of felony charges for theft or any other felony charges carry such severe consequences that if you wish to preserve your freedom, future, and criminal record you need to retain a private practice Phoenix criminal lawyer to defend you. The best Phoenix criminal lawyers will know how to use the Arizona Laws to your defense advantage. They will guide you through the criminal law process; and look for every opportunity to strengthen your defense, challenge the evidence against you, and weaken the Arizona prosecution’s case. Early retention of a Phoenix criminal lawyer is key to defending your case and producing the most successful results in your defense.
If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information. .
The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Gilbert, Scottsdale, Tempe, Gilbert, Chandler and Phoenix Arizona, Phoenix Metro, and Phoenix East Valley Arizona..
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.