A.R.S. § 13-1802
Theft of Property or Services
Covers several types of unauthorized control or obtaining of property or services, including certain misrepresentation and stolen-property circumstances. Read the theft statute .
A theft, shoplifting or burglary accusation can put your record, work and future at risk. The Law Office of Joel Chorny, PLLC helps people in Tucson understand Arizona property crime charges, examine the evidence and make informed decisions about their defense.
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Under A.R.S. § 13-1802 , theft includes several kinds of knowing, unauthorized control or obtaining of another person's property or services. The statutory requirements differ depending on the conduct alleged.
Burglary is different. It generally concerns specified unlawful entry or remaining with the intent to commit theft or another felony. The requirements are addressed in § 13-1506 and § 13-1507 .
A burglary accusation does not necessarily mean anything was successfully stolen. Likewise, a theft allegation does not establish that someone entered a building unlawfully.
The prosecution must prove the required elements beyond a reasonable doubt. An effective defense begins by examining the actual charge and supporting evidence.
Different property offenses involve different statutory requirements, classifications and potential defenses. The correct analysis depends on the specific allegations.
Covers several types of unauthorized control or obtaining of property or services, including certain misrepresentation and stolen-property circumstances. Read the theft statute .
Addresses specified retail merchandise conduct, including removal without payment, concealment and other prohibited actions. Read the shoplifting statute .
Second-degree burglary involves unlawful entry or remaining in a residential structure with the intent to commit theft or another felony. Read the statute .
Third-degree burglary covers specified nonresidential structures, fenced yards and certain motor-vehicle entry circumstances. Read the statute .
Involves qualifying burglary conduct together with knowing possession of specified weapons, explosives or dangerous instruments. Read the statute .
Addresses possession of qualifying tools with burglary-related intent, and certain manipulation-key and master-key conduct. Read the statute .
Under A.R.S. § 13-1802(G) , theft classifications generally depend on the alleged value of the property or services, with important exceptions.
| Alleged Value | General Classification |
|---|---|
| Less than $1,000 | Class 1 misdemeanor |
| $1,000 to under $2,000 | Class 6 felony |
| $2,000 to under $3,000 | Class 5 felony |
| $3,000 to under $4,000 | Class 4 felony |
| $4,000 to under $25,000 | Class 3 felony |
| $25,000 or more | Class 2 felony |
Important exceptions: Theft of a firearm, theft from a person and certain other specified conduct can carry felony classifications despite a lower alleged value. Theft of a vehicle engine or transmission also has a special rule. Shoplifting has separate classifications under A.R.S. § 13-1805 .
Property valuation can itself be disputed. Arizona's statutory definitions, including those in A.R.S. § 13-1801 , may be relevant to the analysis.
Arizona distinguishes burglary based on the type of location, the alleged conduct and the presence of specified weapons or dangerous instruments.
Generally concerns qualifying nonresidential structures or fenced yards, and specified vehicle entry circumstances. A.R.S. § 13-1506 .
Concerns unlawful entry or remaining in a residential structure with intent to commit theft or another felony. A.R.S. § 13-1507 .
Requires qualifying burglary conduct together with specified weapon, explosive or dangerous-instrument possession. Residential first-degree burglary is a Class 2 felony; qualifying nonresidential or fenced-yard burglary is a Class 3 felony. A.R.S. § 13-1508 .
Trespassing and burglary are not interchangeable charges. Criminal trespass has different statutory elements. A.R.S. § 13-1504 .
Not every allegation is supported by reliable evidence. A defense may examine identification, lawful possession, access permissions, alleged intent and the interpretation of witness accounts.
For theft, the valuation of property can influence the classification. For burglary, whether the defendant entered or remained unlawfully with the required intent may become a central question.
Evidence collection and law-enforcement procedures may raise constitutional or evidentiary issues. These questions require an individualized review.
Related allegations may also involve violent-crime charges or weapons charges .
Theft and burglary convictions can result in fines, restitution, probation or incarceration, depending on the offense and applicable sentencing law.
Felony sentencing is governed by Arizona's sentencing provisions, including A.R.S. § 13-702 where applicable. Criminal history and other statutory factors may affect the sentencing range.
A criminal record can also have consequences for employment, housing and professional licensing. The impact varies by circumstances.
Dismissal, charge reduction, diversion or a negotiated resolution may be possible in some cases. No particular result is guaranteed.
Identify the statutes, accusations, deadlines and possible exposure.
Collect relevant records, communications and footage without altering originals.
Evaluate intent, authorization, identification, valuation and admissibility.
Consider motions, negotiations, hearings and trial preparation based on the case.
Arizona provides potential record-sealing relief under A.R.S. § 13-911 for certain eligible convictions, dismissed cases, acquittals and arrests without filed charges.
Eligibility depends on the disposition, applicable waiting periods, sentence completion, exclusions and other requirements.
Record sealing does not physically erase the underlying record, and statutory disclosure exceptions may still apply.
For additional information, visit the firm's Clean Your Record page .
Attorney Joel Chorny represents individuals facing criminal accusations in Tucson, Arizona. The firm's work includes reviewing the charges, evaluating evidence, explaining procedures and preparing a case-specific defense.
Learn more about Attorney Joel Chorny's background or contact the office to discuss your circumstances.
General information about theft, shoplifting, burglary and Arizona criminal procedure.
These official Arizona Legislature resources provide primary legal references for theft, shoplifting and burglary allegations.
Definitions relevant to Arizona property offenses.
Theft elements, value thresholds and classifications.
Retail theft conduct, classifications and exceptions.
Possession of burglary tools and key-related offenses.
Nonresidential and specified vehicle-related burglary.
Residential burglary elements and classification.
Qualifying weapon-related burglary and classifications.
Eligibility, waiting periods and legal requirements.
The law and legal procedures may change. These references are for general education. Consult an Arizona attorney regarding an individual legal matter.
Whether you are under investigation or facing formal theft, shoplifting or burglary charges, legal guidance can help clarify the accusations, deadlines and potential options.
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General legal information only. Contacting the firm does not create an attorney-client relationship. Representation is subject to appropriate screening and a formal engagement agreement. Past results do not guarantee future outcomes.