Misdemeanor Theft

If you have been accused of theft, the seriousness of the charge depends largely on the value of the property involved and the circumstances surrounding the incident. In Arizona, theft of lower-value items is typically classified as misdemeanor theft. Although it is not a felony, a misdemeanor theft conviction can still lead to jail time, fines, and a permanent criminal record. At the Law Office of James E. Novak, we help clients fight misdemeanor theft charges and protect their future.

Arizona’s Definition of Misdemeanor Theft

Misdemeanor theft in Arizona generally refers to knowingly taking property or services belonging to another person with the intent to permanently deprive them of it—when the value is less than $1,000. This definition is outlined under Arizona Revised Statutes § 13-1802.

There is no requirement that the property be physically taken from someone’s person or that force be used. Even walking out of a store with merchandise you did not pay for can be enough for a charge.

It is also considered theft to obtain property or services through misrepresentation, fail to return rented property, or control lost or misdelivered items without trying to return them to the rightful owner.

What Makes a Theft Charge a Misdemeanor?

Arizona separates theft charges based on the value of the items taken:

• Less than $1,000: Generally charged as a misdemeanor
• $1,000 to $2,000: Usually a Class 6 felony
• $2,000 to $3,000: Often a Class 5 felony
• Over $3,000: Felony charges escalate depending on the amount

However, certain factors may result in felony charges even if the value is under $1,000—for example, if the theft involves a firearm or if the person has prior theft convictions. For thefts not involving aggravating circumstances or high-value items, the charge is typically a Class 1 misdemeanor.

Penalties for Misdemeanor Theft

Even as a misdemeanor, the penalties for theft in Arizona are serious. Misdemeanor theft is classified into three categories:

• Class 1 Misdemeanor: Up to 6 months in jail, fines of up to $2,500, and probation
• Class 2 Misdemeanor: Up to 4 months in jail and fines up to $750
• Class 3 Misdemeanor: Up to 30 days in jail and fines up to $500

Most misdemeanor theft charges fall under Class 1, especially if the accused intentionally took property and there was some form of planning or opportunity to avoid the theft.

In addition to these statutory penalties, the court may also require restitution to the alleged victim, community service, and completion of theft education classes. If you are convicted, the record could follow you for years, making it difficult to find housing or employment.

Common Types of Misdemeanor Theft

Misdemeanor theft can arise in many different contexts. Some common examples include:

• Shoplifting small items from a retail store
• Failing to return rented items such as tools or electronics
• Taking lost property without attempting to return it
• Illegally accessing paid services (e.g., streaming accounts or transportation services)
• Switching price tags in a store to pay less

What may seem like a misunderstanding or minor mistake can easily lead to criminal charges if store security or law enforcement gets involved.

Defending Against a Misdemeanor Theft Charge

If you have been charged with misdemeanor theft, you have the right to defend yourself in court. Depending on the facts of your case, potential defenses may include:

• Lack of intent to permanently deprive the owner
• Mistaken identity or false accusation
• You believed the property was yours or had permission to take it
• The property was lost or abandoned
• Constitutional violations during the investigation (e.g., illegal search or seizure)

Sometimes, charges can be reduced or dismissed if you return the property or pay restitution early in the process. In other cases, your lawyer may negotiate a diversion program that allows you to avoid a conviction entirely if you comply with certain conditions.

Why You Need a Lawyer for Misdemeanor Theft

You may be tempted to handle a misdemeanor theft charge on your own, but doing so could lead to unintended consequences. A conviction—even for a low-level theft—can result in jail time, fines, and a criminal record that is difficult to erase. You may also be denied job opportunities, rental housing, or professional licenses.

At the Law Office of James E. Novak, we understand how Arizona courts approach theft cases and what strategies may work best in your situation. Attorney James Novak is a former prosecutor who now defends clients facing criminal charges throughout the Phoenix area.

Call the Law Office of James E. Novak Today

If you are facing a misdemeanor theft charge in Arizona, take the first step toward protecting your rights and your future. Call the Law Office of James E. Novak at (480) 413-1499 to schedule a confidential consultation. We will listen to your side of the story, explain your options, and fight for the best outcome in your case.