Gilbert Shoplifting Lawyer

Gilbert Shoplifting Attorney

Although the Arizona legal system is known to recommend rehabilitation for juvenile shoplifters rather than jail time, adults over the age of 18 could be incarcerated for either a misdemeanor or felony for committing the same crime. You do not even have to leave a store to be detained for shoplifting.

Understanding the legal penalties will help you assess what you are up against if you are charged with shoplifting. The first move you should make is to contact a Gilbert shoplifting lawyer to discuss the facts and build your defense. Call today to discuss your case with a committed attorney.

WHAT IS SHOPLIFTING IN GILBERT?

The crime of shoplifting under Arizona Revised Statutes § 13-1805 occurs when someone acting like a customer takes products from a store and knowingly does not pay for them. If a person enters the store after hours to take goods, the crime is known as burglary. Some examples of shoplifting include:

• Concealing items such as in a handbag or pocket to avoid paying for them
• Switching or altering price tags with the intent of paying a lesser price for an item
• Concealing an item in another item with the intent of paying for only one item
• Grabbing items and running out the store door with them
• Consuming food and discarding the wrapper to avoid paying
• Concealing merchandise using another person, for instance, in a child’s diaper bag

A skilled Gilbert attorney can explore possible defenses to shoplifting and introduce enough evidence to show a client may not be guilty beyond a reasonable doubt.

MISDEMEANOR SHOPLIFTING CHARGES

Alleged shoplifters who steal items valued at less than $1,000 can be charged with a Class 1 misdemeanor. First-time offenders charged with a misdemeanor may be eligible for a diversion program or community service. For repeat offenders, the court could choose to levy a fine of up to $2,500 and up to 60 days in jail.

WHEN SHOPLIFTING BECOMES A FELONY IN GILBERT

Shoplifting offenses that involve items valued over $1,000 are felonies. These charges come with jail time that can be increased or decreased depending on mitigating and aggravating factors. A defense attorney who presents mitigating factors, such as a defendant’s age, could get an individual’s sentence reduced significantly. Conversely, a prosecutor could introduce aggravating circumstances to argue for a stiffer sentence.

CLASS 6 FELONY

Class 6 felony shoplifting is usually charged when the value of the merchandise is between $1,000 and $2,000. This could result in a sentence between four months in county jail and two years in prison. Probation is an option in these cases. With one prior felony conviction, the sentencing range is between nine months to two years and nine months. With two or more prior convictions, the range is two years and three months to five years and nine months.

CLASS 5 FELONY

Defendants are charged with Class 5 felony shoplifting when merchandise value exceeds $2,000, the crime is in conjunction with gang activity, or the crime is the third in three months with merchandise valued at $1500 or more in each incident. The sentencing range for a defendant with no prior convictions, factoring in mitigating and aggravating circumstances, is between half a year in jail and two and a half years of prison, with probation eligibility. For one prior felony conviction, the range increases from one year to three years and nine months. For two or more priors, the range is three years to seven and a half years.

CLASS 4 FELONY

Class 4 felony shoplifting occurs when a container or other instrument is used to commit the crime, or the defendant has two prior convictions within five years for theft, robbery, burglary, or shoplifting. First-time offenders could be sentenced to between one year to three years and nine months in prison. With one prior conviction, the sentence jumps from two years and three months to seven and a half years. Two or more convictions brings between six and 15 years.

These sentences are not something to take lightly. Anyone facing any level of shoplifting charges should consult with an experienced Gilbert attorney immediately to get started on their defense.

A GILBERT SHOPLIFTING DEFENSE ATTORNEY CAN HELP

If you or a loved one has been arrested for shoplifting, do not wait to take legal action. A Gilbert shoplifting lawyer can work tirelessly to preserve your rights and explore every avenue to get your sentence reduced or dismissed. Schedule a free consultation at Grand Canyon Law Group today to get the ball rolling on your defense.

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