Whether this is your first time being arrested or you have a long criminal record, a theft crime conviction could have a dramatic impact on your life. How much the stolen property was worth will determine how aggressively the district attorney prosecutes your case. With so much on the line, hiring a leading Benson theft crimes lawyer from Suzuki Law Offices could help you dodge a guilty verdict or reduce your penalties.
There may be several ways we could approach your defense strategy. Our team of former prosecutors, law enforcement officials, and investigators know all too well how the state might approach your case, making us uniquely qualified to take on your defense.
Schedule your initial consultation with a distinguished Benson criminal defense lawyer and learn more about what the prosecutor must prove to secure a conviction and what to expect as the criminal justice system unfolds.
The Elements of a Theft Crime Under Arizona Law
For the prosecutor to obtain a conviction, they must be able to show that the elements of the offense have been met. As described under ARS § 13-1802, you can be convicted of theft if you control someone else’s property with the intent of permanently depriving them of the property, use their property or services without their authorization, or obtain services or property without paying for them or through fraud. The language of the statute reads as follows:
Ҥ13-1802. Theft; classification; definitions
- A person commits theft if, without lawful authority, the person knowingly:
- Controls property of another with the intent to deprive the other person of such property;
- 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;
- 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 not the complete statute and does not include all the situations in which you could be convicted of theft. Your Benson burglary defense lawyer will help you understand the possible penalties you are facing depending on how much the allegedly stolen property or services are worth.
For habitual offenders accused of stealing property worth more than $25,000, class two felony charges will apply, which is punishable by up to 35 years in an Arizona state prison facility.
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Get StartedThe Burden of Proof in Criminal Cases
Not only does the district attorney need to prove that the elements of the theft offense have been met, but they must also show that the burden of proof has been met.
In criminal cases, the burden of proof is beyond a reasonable doubt, according to the Arizona Judicial Branch. The prosecutor must introduce evidence that is so strong there is no reasonable doubt that you committed the theft crime in question.
It will be up to your Benson armed robbery defense lawyer from Suzuki Law Offices to introduce that reasonable doubt at trial. The burden of proof is higher in criminal cases because the consequences of being found guilty are so serious.
Unlike civil court, where you might be ordered to pay the victim compensation, in criminal court, theft convictions come with jail time, fines, and other criminal penalties.
However, juries have the right to determine what “reasonable doubt” means. This could be subjective, depending on the jury. For this reason, we will need compelling evidence to convince jurors that you should not be convicted of the allegations against you.
Lawyer Near Me 602-682-5270Common Types of Theft Crimes
Theft charges can come in multiple forms. Your Benson theft crimes attorney will review the charges against you to determine the possible penalties you could be facing. The consequences vary widely but mainly depend on the value of the property or services that were allegedly stolen.
Your criminal record, the threat or use of a deadly weapon, and other factors can also determine the extent of your charges and potential consequences. If someone was injured or killed, you may find yourself facing stacked criminal charges, which could lead to enhanced penalties. Some of the most common types of theft crimes we defend against include:
- Arson – Arson is considered a theft crime because it involves the intentional destruction of property by explosion or fire, which permanently deprives the rightful owner, under ARS § 13-1703.
- Burglary in the third degree – If you are accused of entering a structure or building with the intent to commit a felony or other theft crime, burglary charges may apply under ARS § 13-1506.
- Identity theft – Assuming someone else’s identity, whether that be their name, Social Security number, or other identifying information, could be grounds for an identity theft offense under ARS § 13-2008.
- Robbery – You could be charged with robbery if you threaten or use force to take someone else’s property against their will under ARS § 13-1902.
- Shoplifting – Taking an item from a store without paying for it is known as shoplifting under ARS § 13-1805.
However, these are not the only types of theft crimes. You could also face charges for credit card theft, embezzlement, extortion, or auto theft. Your legal representative will do everything possible to reduce your charges or get them dismissed entirely.
Misdemeanor Theft
When the stolen property or services is less than $1,000, misdemeanor charges could apply. For a first-time offender, penalties might include up to 180 days in jail and fines of up to $2,500. Habitual offenders should expect enhanced penalties.
Felony Theft
Property or services worth more than $1,000 will almost always be prosecuted as a felony. As a first-time offender of property worth more than $25,000, you could spend up to 12 1/2 years in prison. Habitual offenders could spend up to 35 years in prison.
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Meet With a Dedicated Theft Crimes Lawyer in Benson for Help Today
People make mistakes. Police sometimes get it wrong. That is why you need a reputable theft crimes attorney in Benson from Suzuki Law Offices to stand up for your rights and protect your future.
We are here to help you craft the strongest defense strategy possible based on the circumstances of your case. If this is a low-level theft offense or if you are a first-time offender, we may be able to avoid trial completely.
Discuss your legal options further when you contact our team to request a confidential consultation by phone or through our convenient contact form.
Call or text 602-682-5270 or complete a Free Case Evaluation form