Shoplifting

Can I Be Convicted Of Shoplifting? What Does The Government Have to Prove?

Arizona law (ARS §13-1805) lists the elements the government has to prove to convict someone of shoplifting. The government has to prove its case beyond a reasonable doubt. To do so, the government must meet each element of an offense. If just one element is missing, the evidence isn’t sufficient. In this case, there are five different ways to prove a shoplifting case in Arizona.

In all cases, the government must prove that you: 1) Went to a place that offered goods for sale; and 2) Knowingly took those goods with the intent to deprive the person of those goods by:

1. Removing the goods without paying;

2. Charging the price of the goods to a fake person or a real person without permission;

3. Paying less than the purchase price by changing, removing or substituting the price tag;

4. Transferring the goods from one container to another; or

5. Concealing the goods.

Shoplifting can be either a felony or a misdemeanor in Arizona depending on the circumstances of the shoplifting.

How Can I Be Charged With Felony Shoplifting? When Is Shoplifting A Felony?

Shoplifting is a class 4 felony if:

• You used an artifice, instrument, container, device or other article with intent to facilitate the shoplift

• You have two prior shoplifting, robbery, theft, or burglary priors within the last 5 years

• You committed an organized retail theft (it’s actually a different offense but very similar so I included it here for reference)

Shoplifting is a class 5 felony if:

• You shoplifted over $2,000 worth of goods

• You shoplifted in furtherance of gang activity

• You shoplifted 3 times in 90 days and the total value of the goods was $1,500 or more

Shoplifting is a class 6 felony if:

• You shoplifted over $1,000 worth of goods but it was less than $2,000

• You shoplifted a firearm, regardless of value

All other shoplifts are misdemeanors.

What Are Some Of The Potential Penalties If Convicted Of Shoplifting In Arizona?

Misdemeanor Shoplifting Penalties:
The minimum sentence is the conviction on your record and nothing more (known in legal jargon as a terminal disposition). The maximum penalty for a class 1 misdemeanor is 6 months jail and a $2,500 fine plus surcharge (currently 83%). The most common sentence for a first time offender is a fine and counseling. Repeat offenses usually include some type of jail sentence on top of that.

If the value of the goods was minor and you have no prior criminal history, you may be eligible for diversion. Diversion allows your charges to be dismissed upon successful completion of classes, fines or community service. The terms of diversion or whether you’re even eligible are in the prosecutor’s discretion. Some courts do not offer diversion but most do. Whether you’re a candidate will depend on different factors. Even if offered diversion, hiring counsel is a good idea because there are collateral consequences that should be considered and navigated.

Felony Shoplifting Penalties:
If convicted of a felony in Arizona, the minimum sentence is probation if it’s your first felony offense. As a term of probation, the court can impose up to 12 months in jail.

The court can also sentence a person to prison. If you have a prior felony conviction, you’re not eligible for probation and face a different sentencing table. The following tables lay out the minimum and maximum prison sentences: