Theft Under A.R.S. 13-1802A1

While there are many ways to commit a theft crime in Maricopa County, some offenses are far more common than others. In our experience as Phoenix theft lawyers, we’ve seen more cases involving theft under A.R.S. 13-1802A1 than any other subsection. These offenses involve allegations that a person controlled another’s property with the intent to deprive them of the property.

At the Law Office of James E. Novak, we have more than 25 years of experience aggressively defending the rights of good people who find themselves in bad situations. It isn’t our place to judge you based on the charges you face, but it is our job to vigorously defend you against the allegations—no matter what they are. After all, allegations only represent half of the story, and you’re innocent until the government proves you guilty—if it can.

Arizona Revised Statutes 13-1802 is the state’s theft statute. Here, lawmakers outline nine different ways to commit the crime of theft. While there are far more than nine Arizona theft crimes, those that are not included in A.R.S. 13-1802 are contained within their own statute.

Under A.R.S. 13-1802A1, an offense occurs when someone “controls property of another with the intent to deprive the other person of such property.” Thus, the crime can be broken down into the following elements, each of which the prosecution must prove beyond a reasonable doubt:

• You controlled property;
• The property belonged to another person;
• You intended to permanently deprive the owner of the property of their ownership interest, usually by keeping the property for yourself or selling it.

Notably, nowhere in the required list of elements is that you took the property without the owner’s permission. Thus, it is still a crime to exercise control over another’s property, knowing it was stolen, even if you were not the one to take it.

There are near-infinite examples of theft under A.R.S. 13-1802A1. However, below are a few examples:

• A woman is sitting at a bar and reaches into the purse of another patron, removing a wallet.
• A man buys a television from a friend, who told the man that he recently stole the television from a neighbor.
• A teenager breaks into a car, removes the stereo system, and installs it in his own vehicle.

In each of these cases, it can be inferred that the “defendant” did not intend to return the property. This is a critical element because if someone intends only to borrow another’s property, they did not commit theft (although they may have committed another crime). An experienced Phoenix theft crimes lawyer can help you understand what the prosecution must prove and which defenses might apply to your case.

In Arizona, the sentences for most theft crimes depend on the value of the items that were stolen. For example, on the less serious end of the spectrum, theft of property valued at less than $1,000 is a Class 1 misdemeanor, which carries a possible jail sentence of 30 days and a fine of up to $500. On the other hand, theft of property valued at more than $25,000 is a Class 2 felony, which carries a presumptive prison sentence of five years and a fine of up to $150,000.

If you were recently arrested and charged with theft under 13-1802A1, it is imperative that you reach out to an experienced criminal defense attorney as soon as possible. At the Law Office of James E. Novak, our Phoenix theft crimes attorney is uniquely dedicated to advocating on behalf of clients charged with serious theft crimes. Regardless of the nature of the charges you face, what your criminal record looks like, or the evidence in the prosecution’s file, Attorney Novak has what it takes to develop a compelling defense. We also handle shoplifting cases and other property crimes. To learn more, and to schedule a free consultation with a Maricopa County excessive speeding attorney today, call Attorney Novak at 480-413-1499. You can also connect with us through our secure online contact form.