Property Related Crimes

Burglary

In Arizona, Burglary is categorized by the type of structure entered by the defendant.  Burglary in the Third Degree is a Class 4 Felony occurring when a defendant enters or remains unlawfully in a non-residential structure or in a fenced commercial or residential yard with the intent to either commit any theft or a felony. Second Degree Burglary is a Class 3 Felony and occurs when a defendant enters or remains unlawfully in a residential structure with the intent to commit any theft or felony. If a defendant commits Burglary of a residential structure while he or an accomplice is in possession of a deadly weapon, a dangerous instrument or explosives, the defendant will be charged with First Degree Burglary, which is a Class 2 Felony.

Criminal Trespass

In Arizona, Criminal Trespass can be committed in various ways.  The degree of trespass charged depends on the location a defendant allegedly trespassed.
Criminal Trespass in the First Degree is a Class 6 Felony if a person:

• Enters or remains unlawfully in or on a residential structure;
• Enters or remains unlawfully on the property of another and burning, defacing or otherwise desecrating a religious symbol or other religious property of another without express permission; or
• Enters or remains unlawfully in or on a public service facility.

Criminal Trespass in the First Degree is a Class 1 Misdemeanor if a person:

• Enters or remains unlawfully in a fenced residential yard; or
• Enters a residential yard and looks into a residence in reckless disregard of infringing on the inhabitant’s right of privacy.

Criminal Trespass in the Second Degree is a Class 2 Misdemeanor if a person enters or remains unlawfully in a non-residential structure or fenced commercial yard.

Criminal Trespassing in the Third Degree is a Class 3 Misdemeanor if a person enters or remains unlawfully on the property after a reasonable request to leave by the person in lawful control of the property or knowingly enters or remains unlawfully on the right-of-way for tracks of a railroad company.

Criminal Damage

Criminal Damage occurs if a person defaces damages or otherwise tampers with property of another person.

What class of crime a person is charged with depends on the amount of the property damaged.  If the damage to property is ten thousand dollars ($10,000) or more or if the damage involves impairment of the functioning of a utility, then the crime is classified as a Class 4 Felony. Criminal Damage is a Class 2 misdemeanor when the damage is less than two hundred and fifty dollars ($250).  If the amount of property damaged is over two hundred and fifty dollars ($250) but less than two thousand dollars ($2,000), Criminal Damage is a Class 6 felony.

Shoplifting

Shoplifting occurs when a person:

• Removes goods or attempts to remove goods from a merchant’s place of business without paying for the items;
• Charges the purchase price of the goods to a fictitious person or any person without that person’s authority; or
• Alters the price tag of the good to pay less than the purchase price

Though it may seem like a petty crime, whether Shoplifting is a Felony or Misdemeanor depends on the value of the property at issue and if the Shoplifting is done to further a criminal syndicate.  Shoplifting ranges from a Class 5 Felony to a Class 1 Misdemeanor. However, if a person has prior Shoplifting, burglary or robbery convictions from within the past five (5) years, the defendant could be charged with a Class 4 Felony.

Theft

There are many types of theft in Arizona and the class of crime a person can be charged with usually depends on the value of the theft.   If the value of the property or services is twenty-five thousand dollars ($25,000.00) or more, it is a Class 2 Felony.  If the value of the property or services is less than twenty-five thousand dollars ($25,000.00) but more than four thousand dollars ($4,000.00), it is a Class 3 Felony.  If the value of the property or services is less than four thousand dollars ($4,000.00) but more than three thousand dollars ($3,000.00), it is a Class 4 Felony.  Theft of an engine or transmission is also a Class 4 Felony, no matter the value.  Theft of property or services with a value of two thousand dollars ($2,000.00) or more but less than three thousand dollars ($3,000.00) is a Class 5 Felony.  Theft of property or services with a value of one thousand dollars ($1,000.00) or more but less than two thousand dollars ($2,000.00) is a Class 6 Felony.  Theft of a firearm or theft of a dog for the purpose of dogfighting is also a Class 6 Felony.  If the value of the property or services is less than one thousand dollars ($1,000.00), theft becomes a Class 1 Misdemeanor. 

Embezzlement

Taking the property or money of another without the owner’s permission can result in a charge of Theft or Embezzlement. The seriousness of the charge depends upon many factors, including the value of the property taken and/or the amount of money embezzled.  The reason why the defendant committed the theft and/or the ability to make restitution can also have an impact on the case. 

Forgery

A person can be charged with felony if he/ she intentionally makes or alters a document or check, knowingly possesses a forged written instrument or intentionally offers or presents a forged instrument or one that contains false information. Forgery is a Class 4 Felony.

Theft of Means of Transportation

Theft of Means of Transportation is a Class 3 Felony in Arizona and is charged if a person does one of the following:

• Controls another person’s means of transportation with the intent to permanently deprive the person of the means of transportation.
• Uses a person’s means of transportation for longer than he/she was allowed to use it.
• Obtains another person’s means of transportation by means of any material misrepresentation with intent to permanently deprive the person of the means of transportation.
• Comes into control of another person's means of transportation that is lost or misdelivered under circumstances providing means of inquiry as to the true owner and appropriates the means of transportation to the person's own or another's use without reasonable efforts to notify the true owner.
• Controls another person's means of transportation knowing or having reason to know that the property is stolen.

Unlawful Use of Means of Transportation

Unlawful Use of Means of Transportation is a lesser type of vehicle theft and occurs when a person knowingly takes unauthorized control over another’s means of transportation or is physically located in a vehicle belonging to someone else knowing or having reason to know that the vehicle is stolen.  Unlawful Use of Means of Transportation is a Class 5 Felony in Arizona.