-Arizona Criminal Attorney Dwane Cates
Phoenix Shoplifting Attorney
A shoplifting arrest can feel embarrassing and overwhelming, especially if it's your first brush with the criminal justice system. But even a seemingly minor shoplifting charge in Arizona carries real consequences — a permanent criminal record, potential jail time, and lasting damage to your reputation and employment prospects. What many people don't realize is that shoplifting charges can escalate quickly from a simple misdemeanor to a serious felony depending on the value of the merchandise, your prior record, and the specific circumstances of the arrest.
At Cates & Reed, PLLC, our Phoenix shoplifting defense lawyers have nearly three decades of experience helping clients throughout Maricopa County and across Arizona fight theft-related charges. Our team works directly with clients to review the evidence, challenge how it was obtained, and pursue the best possible outcome — whether that means a dismissal, a diversion program, or a strong defense at trial. If you or someone you love has been accused of shoplifting in Phoenix, don't assume the case is unwinnable before speaking with an attorney.
Contact us directly at (480) 864-3807 to discuss what happened.
What Is Considered Shoplifting in Arizona?
Shoplifting is defined under A.R.S. § 13-1805 as knowingly obtaining merchandise from a store with the intent to deprive the merchant of that property without paying the full purchase price. This statute covers far more conduct than simply walking out of a store with an unpaid item. Common forms of shoplifting charges in Phoenix include:
- Concealing merchandise on your person or in a bag, cart, or stroller while still inside the store
- Removing an item from its display and leaving the store without paying
- Switching or altering price tags to pay less than an item's actual value
- Transferring merchandise into a different container to avoid the correct purchase price
- Charging an item to someone else's account or card without their authorization
- Assisting or acting as a lookout for someone else who is shoplifting
Notably, Arizona law creates a legal presumption of intent to deprive if a person conceals unpurchased merchandise while still inside the store, or uses a special device or container to facilitate the theft. This means a person can be charged with shoplifting even if they never actually left the premises — a detail that surprises many first-time defendants and one that a skilled defense attorney can often challenge.
Criminal Penalties for Shoplifting
The penalties for shoplifting in Arizona depend heavily on the value of the merchandise involved, whether any aggravating factors are present, and your prior criminal history.
- Misdemeanor shoplifting: If the value of the merchandise is less than $1,000, shoplifting is generally charged as a Class 1 misdemeanor, punishable by up to six months in jail, up to three years of probation, and fines that can approach $5,000 once surcharges are included.
- Felony shoplifting based on value: Shoplifting merchandise valued between $1,000 and $2,000 is generally a Class 6 felony, while merchandise valued at $2,000 or more is generally a Class 5 felony. These felony convictions can carry sentences ranging from probation up to several years in prison, depending on prior record.
- Felony shoplifting based on aggravating factors: Shoplifting is elevated to a Class 4 felony, regardless of the merchandise's value, if the person used an "artifice, instrument, container, or device" to facilitate the theft (such as a specially lined bag or tag-removal tool), or if the person has two or more prior theft-related convictions — including burglary, robbery, organized retail theft, or shoplifting — within the past five years. Class 4 felony convictions can carry sentences from roughly 1 to 3.75 years in prison for a first offense, with significantly enhanced ranges for repeat offenders.
- Firearm shoplifting: Shoplifting a firearm is automatically charged as a Class 6 felony, regardless of the item's value.
Testimonials
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“I hired Hayley to represent My Son on some pretty serious charges . Hayley’s knowledge and commitment to seeing this case through has been more than exceptional she has kept me informed throughout this whole process and has been more than clear on al”- Former Client
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“Aaron is an excellent lawyer. Every bit of information he said was always clear and concise he explained everything to where it made sense, and never left me guessing about what’s going on.”- Former Client
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“Working with Aaron Reed was the best decision I could have made. From day one, he listened to me, explained everything clearly, and guided me through each step of the process.”- Former Client
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“From Showing up to Court Dates when I was absent, to going the extra mile to help me across state lines from Alabama to Arizona to handle my case like I had family in Phoenix helping me.”- Former Client
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