Understanding ARS Shoplifting: ARS 13-1805
Facing charges under the shoplifting ARS 13-1805 statute is overwhelming. Whether it be a first-time shoplifting charge Arizona or a shoplifting Arizona repeat offense, the legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of Arizona shoplifting laws. It explains key terms about shoplifting in Arizona and gives insight into the ARS 13-1805 penalty if you’re convicted of shoplifting. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with ARS shoplifting, consult with a qualified Phoenix shoplifting attorney as soon as possible.
What is ARS Shoplifting?
The Arizona laws on shoplifting cover more than just taking an item and leaving a store without paying. ARS 13 1805 covers a range of actions, all involving knowingly obtaining goods within a retail establishment with the intent to permanently deprive the owner of those goods. In other words, stealing from a commercial store.
Actions of Shoplifting Under ARS 13-1805
In its shoplifting laws Arizona lists the following actions that qualify as shoplifting:
- Unauthorized Removal of Merchandise: This is the most common form of ARS shoplifting. It involves taking an item from its display location or any other area of the store with the intent to steal the item. This includes hiding items in bags, pockets, or on your person to avoid detection.
- Fraudulent Purchases: Using a false name, a false identity, or someone else’s account to buy goods is also shoplifting. This includes charging a purchase to a fictitious person or charging a purchase to another person without their consent.
- Price Tag Manipulation: Deceiving the store by changing, removing, or swapping price tags to pay less than the purchase price. This highlights the intent to defraud the store, which is a crucial component of the charge.
- Other Deceptive Practices: The law also covers other acts designed to avoid paying for merchandise, including transferring merchandise from one container to another.
All these acts point to a single objective: getting something from a store without paying the purchase price.
Intent as a Key Element of ARS 13 1805
ARS 13 1805 not only covers shoplifting actions but also covers the required intent or mental state of shoplifting. The prosecution must prove that you knowingly obtained the goods and intended to permanently deprive the owner of them – this could be by stealing the item or paying less than the purchase price.
Evidence that may be presented to demonstrate this intent includes:
- Concealment: Actively hiding the merchandise on your person or on someone else. For example, hiding merchandise under your clothing is strong evidence of intent to steal.
- Artifice: Using a theft instrument, container, or other device to facilitate the shoplift.
Sentencing for ARS Shoplifting:
The penalties for shoplifting in Arizona depend on several factors. These include the value of the stolen items, past criminal history, and other aggravating factors.
Shoplifting charges are typically classified as misdemeanors when the value of the stolen goods is less than $1000. When the value of stolen goods is more than $1,000, or certain aggravating factors are present, shoplifting may be charged as a felony. Felony charges result in much more severe penalties.
| Class | Elements of Offense | Jail/Prison |
|---|---|---|
| Class 1 Misdemeanor | Shoplifting property value of less than $1,000. | Jail: up to 6 months |
| Class 6 Felony | Shoplifting property value between $1,000 and $1,999. | Prison: 4 months to 2 years |
| Class 5 Felony |
|
Prison: 6 months to 2.5 years |
| Class 4 Felony |
|
Prison: 1 year to 3.75 years |
Frequently Asked Questions:
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Key Takeaways:
- Definition: A person commits ARS shoplifting by knowingly taking merchandise from a store with the intent to steal or pay less than the purchase price by removing, mischarging, transferring, or concealing the merchandise.
- Actions Considered Shoplifting:
- Unauthorized Removal: Taking items without paying.
- Fraudulent Purchases: Using false identity or stolen payment methods.
- Price Tag Manipulation: Changing or swapping price tags to pay less.
- Other Deceptive Practices: Concealing merchandise or transferring it between containers to avoid paying.
- Sentencing Guidelines:
- Class 1 Misdemeanor: Value less than $1,000.
- Jail: up to 6 months
- Class 6 Felony: Value between $1,000 and $1,999.
- Prison: 4 months to 2 years
- Class 5 Felony: Value $2,000 or more, part of a criminal episode, or assisting a gang/criminal syndicate.
- Prison: 6 months to 2.5 years
- Class 4 Felony: Use of a theft devices or with prior theft-related offenses
- Prison: 1 to 3.75 years
- Class 1 Misdemeanor: Value less than $1,000.
Next Steps:
ARS shoplifting is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing charges, under shoplifting ARS 13-1805, engaging a skilled Phoenix shoplifting lawyer is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.