MESA PHOENIX SHOPLIFTING DEFENSE ATTORNEY
According to A.R.S. § 13-1805, a person knowingly obtains goods of another with the intent to deprive that person of the goods by doing one of the following:
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Removing any of the goods from the immediate display or from any other place within the establishment without paying the purchase price;
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Charging the purchase price of the goods to a fictitious person or any person without that person's authority;
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Paying less than the purchase price of the goods by some trick or artifice such as altering, removing, substituting or otherwise disfiguring any label, price tag or marking;
“A shoplifting charge doesn’t have to define you.”
Lisa Witt
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Transferring the goods from one container to another;
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Concealment.
Under A.R.S. § 13-1805(B), a person is presumed to have the necessary culpable mental state to shoplift if the person either knowingly conceals on himself or another person unpurchased merchandise of any mercantile establishment while within the mercantile establishment or uses an artifice, instrument, container, device or other article to facilitate the shoplifting.
Shoplifting property valued at two thousand dollars or more, shoplifting property during any continuing criminal episode or shoplifting property if done to promote, further or assist any criminal street gang or criminal syndicate is a class 5 felony punishable by .5 to 2.5 years in prison for a first time felony offense. Shoplifting property valued between one thousand dollars and two thousand dollars is a class 6 felony punishable by .33 to 2 years in prison for a first time felony offense. Shoplifting property valued at less than one thousand dollars is a class 1 misdemeanor, unless the property is a firearm in which case the shoplifting is a class 6 felony. Shoplifting is a Class 4 felony punishable by 1 to 3.75 years in prison for a first time felony offense if a person used an artifice, instrument, container, device or other article with the intent to facilitate shoplifting or has two or more offenses involving burglary, shoplifting, robbery, organized retail theft or theft.
A.R.S. § 13-1819 defines organized retail theft as a person acting alone or with someone else who either removes merchandise from a retail establishment without paying the purchase price with the intent to resell or trade the merchandise for money or for other value or uses an artifice, instrument, container, device or other article to facilitate the removal of merchandise from a retail establishment without paying the purchase price. Organized retail theft is a class 4 felony punishable by 1 to 3.75 years in prison for a first time felony offense.
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DEFENSES FOR SHOPLIFTING CHARGES IN ARIZONA
A charge of shoplifting or organized retail theft may result in prison time. Lisa will thoroughly evaluate your case and determine if one or more of the following potential defenses apply:
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Conduct described is not shoplifting or organized retail theft: The conduct described in the indictment may not fit the statutory definition of A.R.S.§13-1805 or A.R.S.§13-1819.
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No intent to commit shoplifting: You may not have the intent necessary for the State to prove shoplifting beyond a reasonable doubt.
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Value of the property is incorrect: The State may have incorrectly calculated the value of the property.
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Eyewitnesses: You may have eyewitnesses who can testify about what happened.
“Every case gets my all even if it’s a misdemeanor.” Lisa Witt
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State’s witnesses are mistaken or lying about what they saw.
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Good character: You may have witnesses who can testify that you have a good character.
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Mistaken identity: Someone else committed the shoplifting or organized retail theft and you were mistakenly identified as the suspect.
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Sentencing enhancements do not apply: Sentencing enhancements such as dangerous nature of the offense, repetitive nature of the offense and/or crime committed while on probation or release do not necessarily apply just because the State claims that they do.
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Unbelievability of State’s story: The State’s story may be unbelievable based on the timeline or other evidence.
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Missing or tainted evidence: Sometimes the State’s evidence is missing or tainted.
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Preclusion of State’s evidence: The State may have violated your constitutional rights or otherwise acted illegally in obtaining evidence or your confession so the evidence is precluded.
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Reduction in number of counts: Each count of your indictment should concern a separate criminal act or victim and not be parts of the same shoplifting or organized retail theft charge.
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Police misconduct: There may be police misconduct in investigating the charge, collecting the evidence, interviewing the victim and witnesses, or obtaining your confession.
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Insufficiency of State’s evidence: The State may have insufficient evidence to prove shoplifting or organized retail theft beyond a reasonable doubt.
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Prosecutorial misconduct: There may be prosecutorial misconduct in disclosing the evidence, interviewing victims and witnesses, and in the general course of your case.
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Possible other defenses: Depending on the unique facts of your case, there may be other possible defenses. Lisa thinks outside the box when defending your case so she may come up with a novel defense that no other attorney has thought of before.
If you or a loved one is facing a charge of shoplifting or organized retail theft, it’s very important to hire a thorough and passionate defense attorney who will fight for you as soon as possible. Call LisaLaw, LLC or fill out the on-line form for a free case review.
Lisa Witt is a Mesa/Phoenix, Arizona shoplifting defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.