One of the most common criminal offenses in the state of Arizona is larceny, which is one of several terms used for “theft.” Most people work hard to get what they have, so having it stolen from them can be devastating. That’s why larceny is considered a serious offense in Peoria, Arizona. A defendant convicted of larceny will face damaging penalties if they are unable to craft a strong defense strategy. Private defense tends to be the preferable option for defendants facing jail time, fines, and more. If you’re seeking a high-quality defense team in the Peoria area, we strive to be your top choice. Call 480-470-1504 to schedule your free consultation with one of our experienced lawyers today.
Different Theft Terms
There is a litany of terms that can be used to describe theft. There are slight distinctions between the terms, so it’s important to understand them if you’re facing larceny allegations in Peoria.
- Larceny: Larceny is defined in Arizona by A.R.S. § 26-1121. It occurs when one person wrongfully takes, obtains, or withholds another person’s property with the intent of permanently depriving them of it.
- Misappropriation: Also defined by A.R.S. § 26-1121, the distinction between misappropriation and larceny is that the defendant only wished to temporarily deprive the owner of their property rather than permanently deprive them of it.
- Robbery: Robbery is defined in Arizona by A.R.S. § 13-1902. A person commits robbery if they take property from another person in their immediate presence, against their will, and by use of force or threat of force. It is classified as a class 4 felony in the state of Arizona. This offense is considered severe because the victim is not only deprived of their property but will most likely experience fear, stress, and trauma due to the perpetrator’s actions.
- Burglary: Arizona’s burglary laws lay out three different degrees of burglary. Third-degree burglary is defined by A.R.S. § 13-1506. Third-degree burglary occurs when a person unlawfully enters or remains in a nonresidential structure or in a fenced commercial or residential yard with the intent to commit a felony. It also occurs if a person breaks into a vehicle with the intent to steal it. Third-degree burglary is a class 4 felony in Arizona. Second-degree burglary, defined by A.R.S. § 13-1507, occurs if a person unlawfully enters or remains in a residential structure with the intent to commit theft or any other felony. This is a class 3 felony in Arizona- note that felony offenses decrease in number of the severity of the crime. First-degree burglary is defined by A.R.S. § 13-1508. A person commits first-degree burglary if they violate either of the previous burglary statutes while knowingly possessing explosives, a deadly weapon, or a dangerous instrument. It is a class 3 felony in a nonresidential structure or a fenced commercial or residential yard, and a class 2 felony in a residential structure. Burglary is penalized strictly because the victim will likely feel traumatized and unsafe in their own home after such an event.
- Fraudulent schemes and artifices: A.R.S. § 13-2310 is Arizona’s statute for fraudulent schemes and artifices. This is wrongfully obtaining property through false or fraudulent pretenses, representations, promises, or material omissions. It is a class 2 felony in Arizona.
Incarceration Guidelines for Larceny
Larceny can be charged at a variety of offense levels, from a class 1 misdemeanor for property or services worth less than $1,000, to a class 2 felony for property or services worth more than $25,000. The amount of time the defendant may spend behind bars will be affected by the level of crime with which they are charged.
The sentencing guidelines for first-time felony offenders in Arizona can be found in A.R.S. § 13-702. The guidelines include penalties for class 2 through 6 felonies. Each guideline includes a minimum and maximum sentence with a presumptive sentence that is somewhere between those two numbers. There are also aggravated sentences for defendants who are found more culpable due to special factors. Defendants who are affected by special factors that make them less culpable may qualify for mitigated sentences.
A defendant convicted of a class 6 felony in Arizona can be sentenced to 6 months to 1.5 years in prison, with the presumptive sentence being 1 year. A class 5 felony is punishable by 9 months to 2 years in prison with a presumptive sentence of 1.5 years. A class 4 felony is punishable by 1.5 to 3 years in prison with a presumptive sentence of 2.5 years. A class 3 felony is punishable by 2.5 to 7 years in prison with a presumptive sentence of 3.5 years. A class 2 felony is punishable by 4 to 10 years in prison with a presumptive sentence of 5 years. If the defendant is convicted at the misdemeanor level instead, their sentence will be up to 6 months.
Defenses to Larceny Charges
The defenses that will apply to your situation depend on the specific facts surrounding your case. You should discuss your case with an experienced criminal defender to determine which will be the most effective. For your free consultation with one of our experienced criminal defense attorneys, call 480-470-1504.
True Owner of Property
A defendant can be charged with theft for an item that is their property. Additionally, the defendant could have believed that the property was their own. For example, if the defendant went to a party and accidentally left with someone else’s similar coat, the defendant wouldn’t have the requisite intent for a criminal conviction. The defendant will still need to create a clear and convincing defense to ensure that the charges are dropped or that they are found not guilty at trial.
Entrapment
Sometimes the police go too far in the pursuit of criminals. When the police employ unlawful measures to convince a defendant to commit a crime, this is known as entrapment. It can be difficult to mount an entrapment defense as the criminal justice is geared to work in law enforcement’s favor. You should hire a skilled criminal defender if you believe you have been accused of a crime through entrapment.
Lack of Intent
You may have seen the trope in movies of the bitter teenager who slips an item from a store into their enemy’s bag so they will be arrested. The defendant can even argue that they lacked intent for larceny if they were intoxicated at the time of the offense. Intent is a key part of many theft crimes in Arizona and the prosecution must prove that it was present to convict you of a crime.
Constitutional Violations
The police still need to abide by the constitution even if there is cause to believe that you have committed a crime. Without an exception to the rule for warrants, the police must have reasonable suspicion to investigate you for a crime and probable cause to arrest you for a crime. The police must also read Miranda rights to a defendant arrested for a crime. If you believe your constitutional rights have been violated in a larceny investigation or prosecution, contact a criminal defense attorney as soon as possible.
Experienced Criminal Defenders Serving the Peoria Area
At the Affordable Arizona Law Firm of LegalHelp-AZ.com, we know just how crucial it is to apply strong defense techniques when accused of larceny in Peoria, Arizona. The consequences of a criminal conviction will set a defendant back in life and make it difficult to recover. You deserve a strategic defense that is carefully created based on your specific needs. To get started with your free consultation with our Peoria criminal defense firm, contact us through our online form or call 480-470-1504.
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