Tucson Shoplifting Defense Lawyer

Defending Shoplifting Cases in Tucson, Arizona

Shoplifting is the theft or removal of merchandise from a retail store, and is one of the most common theft crimes charged in Arizona.  Shoplifting is always a serious crime, being that it is a crime involving moral turpitude, and can prove problematic for immigration, professional licensing, employment, schooling, and more.  Like other Arizona theft crimes, shoplifting is graded primarily on the value of the property taken, as follows.  For property worth less than $1000, shoplifting is a Class 1 Misdemeanor; from $1000-$2000, a Class 6 Felony; over $2000, a Class 5 felony. 

The value of stolen items can be aggregated over different items, even if taken over different days.  Additionally, it is a Class 5 felony to use a device to facilitate shoplifting.  Having a prior shoplifting conviction will also likely make any shoplifting charge more serious.  Stealing a firearm, even if worth less than $1000, will also result in Class 6 felony charges.  Our firm offers FREE CONSULTATIONS, so if you have questions about an upcoming, pending, or past criminal case, contact us now.  520-585-5757

SOME WAYS A PERSON CAN BE CHARGED WITH SHOPLIFTING
The most classic example of shoplifting involves a person taking an item from a store and hiding it in their own bag/clothing, and leaving the store without paying, but there are plenty of other examples that will qualify as well.  Changing price stickers or tags on items to pay less is also shoplifting.  A person caught using tools to remove anti-theft sensors faces felony charges, even if they do not get caught trying to take the property out of the store.  Many shoplifting cases result from hiding items inside of, or under other items, a growing problem with self-checkout options at certain retailers.  Even hiding an item in another part of the store, but never attempting to remove the item can be charged as shoplifting in Arizona.

SHOPLIFTING CIVIL DEMAND LETTERS
Arizona law permits retailers to sue those caught shoplifting civilly, and seek hundreds of dollars in restitution ($250, plus the value of stolen goods).  These retailers, or a law firm on their behalf, will send out letters known as "civil demand letters" demanding that you pay them money, or they will sue you.  Because of the cost and time associated with filing even a small claims civil action, it is rare that these cases ever go past the demand stage.  In other words, there likely will not be a legal consequence for failing to pay a civil demand to a retailer, but doing so may help to gain favor with the court in the event there is both a civil demand letter and a criminal case.

RELATED CHARGES TO SHOPLIFTING
In cases where force or threat of force is used to take property, or to get away, a case may be charged as robbery, a Class 4 Felony, and much more serious charge.  This can elevate a misdemeanor petty theft offense to a serious felony.  Under the right circumstances, prosecutors might also seek to charge a shoplifter with burglary, another crime that is more serious.
More about THEFT CRIMES
More about ROBBERY
More about BURGLARY

SHOPLIFTING DEFENSES
Some defenses to shoplifting include:  lack of intent, accident, lack of evidence, violation of constitutional rights, false accusation, mistaken identity, consent, challenging purported value, challenging past convictions, and more.  Each case is different, and determining the best defenses and defense strategy will be unique to every set of facts, and every defendant. 

In some cases, it may be possible to have shoplifting charges dismissed or reduced, or at least a reduced penalty in exchange for your plea.  Some cases may have to proceed to trial, where the government will have the burden of proving your guilt beyond a reasonable doubt.  There may be available diversion programs for first time offenders to avoid a harmful conviction and keep their records clean.  In the event of a conviction, it will also be possible to "set aside" the conviction upon successful completion of a sentence or probation.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH SHOPLIFTING, CONTACT THE TUCSON DEFENDERS FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE LAWYER
520-585-5757.

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Pima County Superior Court
Tucson City Court
Pima County Justice Court

ARS - Shoplifting Statute
Tucson Police Department
Pima County Sheriff