 Theft crimes are harshly punished in Arizona, and should be taken very seriously. In addition to criminal penalties, theft crimes are considered crimes of dishonesty and can have far reaching effects, including immigration consequences, denial of professional licenses, and difficulty finding employment. "Theft" is a broad term that can cover a wide range of criminal charges. While most theft-related crimes will be handled in state court, larger schemes, and theft involving mail or wire fraud can also end up in Federal Court, where the penalties can be even more severe. Whether your theft-related case is in the state court or federal court system, you need a knowledgeable, aggressive, and experienced Tucson Criminal Defense Lawyer on your side. Being arrested or charged with a theft crime does not mean that you will be convicted. Contact the Tucson Defenders now for FREE CONSULTATION 520-585-5757.
COMMON ARIZONA THEFT OFFENSES Shoplifting, issuing a bad check, embezzlement, auto theft, fraud, theft of trade secrets, theft by extortion, identity theft, burglary, and robbery. These offenses run the gamut in terms of their seriousness and the associated punishments, as theft crimes can involve very different types of conduct. In some cases, the value of the stolen property will be an important factor in determining the seriousness of the crime. In burglary and robbery cases, however, the intrusion and violence, respectively, required to prove those offenses make the crime more serious, regardless of the value. For example, robbing someone at gunpoint in their own home will be treated very seriously, even if the property taken is of very little value. It is important to note, however, that when stolen property is valued above $1000, that theft will be a felony in Arizona. More information about BURGLARY defense More information about FRAUD CRIMES defense More information about SHOPLIFTING defense More information about AUTO THEFT defense More information about FORGERY/COUNTERFEITING defense More information about EMBEZZLEMENT defense TUCSON THEFT CRIMES PROCEEDINGS Misdemeanor thefts occurring within the Tucson city limits are heard at the Tucson City Court, whereas misdemeanor theft cases occurring in unincorporated parts of Pima County will be heard at the Pima County Justice Court. Felony theft crimes in Pima County are heard at the Pima County Superior Court. Federal theft crimes occurring in Tucson and surrounding areas are heard at the United States District Court - Arizona (Tucson). COMMON DEFENSES TO THEFT CRIMES False Accusation - A person can claim that their property was stolen, or can accuse a particular person of taking their property, even where this is not true. Police and prosecutors are not likely to think a person is lying about a theft crime, but with effective investigation, and skilled cross-examination, these lies can be exposed. Mistake of Fact - Reasonable mistakes of fact can be a defense to theft crimes. This does not mean that anyone who steals can simply say "I thought it was mine," but under the right circumstances, a defendant can avoid being punished for a theft crime if they actually had no intention of stealing anything. Intoxication - Theft crimes are "specific intent" crimes, requiring the government to prove that the defendant had the intent to permanently deprive the owner of the property. Someone can be so impaired as to not realize property belongs to another person, or that their action will deprive them. Consent - It is not possible to steal property with the owner's consent. Misunderstandings happen, most often in the context of an employment relationship. Borrowing/Lack of Intent to Steal - Again, theft crimes require the government to prove an intent to permanently deprive the owner of property. Taking the property of another with the intent to return it is not theft. Entrapment - Entrapment is rarely an applicable defense to crimes, as law enforcement officers are trained in tactics that would fall short of a true entrapment defense. Still, this defense should be considered in theft crimes where there is an undercover officer involved. If the defendant is encouraged to commit a crime they otherwise would not, they may claim the defense of entrapment and avoid conviction. With the stigma associated with theft crimes, and the collateral consequences that a theft conviction can have, fighting these charges to get a better outcome is essential. Whether you have been falsely accused, or are guilty, you want to avoid a theft conviction. Your Tucson criminal defense lawyer should be very familiar with the laws and defenses, and dedicated to getting you the best result possible. If you or a loved one has been arrested or charged with a theft crime in Tucson, contact the Tucson Defenders for a Free Consultation. Call now 520-585-5757. TUCSON CRIMINAL DEFENSE ATTORNEY
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November 2024
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