Photo from Unsplash
Originally Posted On: https://thevalleylawgroup.com/blog/most-common-property-crimes-az/
Understanding Types of Property Crime in Arizona
Property is an interesting legal term that can refer to real property such as land, buildings, or homes or personal property like automobiles, boats, clothing, or furniture. The crimes affecting such property fall under a large umbrella of the law that covers incidents where a person’s property is destroyed, unlawfully taken, or unlawfully entered. Common examples of property crimes include burglary, theft, arson, and vandalism.
These crimes can be classified as either a misdemeanor or a felony, depending on the circumstances and the incident’s severity. Offenders are frequently sentenced to time in jail or prison and may also be required to pay restitution for taking or damaging a person’s property. For repeat offenders or those with offenses combined with other crimes, the penalties could be even more significant. Consulting with a lawyer from The Valley Law Group and learning more about property crimes can help you construct a solid defense and potentially reduce the penalties associated with the offense.
The Most Common Arizona Property Crimes
Arizona ranks 16th in the nation for property crimes, according to the FBI’s Uniform Crime Reporting (UCR) Program. While some offenses, such as petty theft, may seem minor, Arizona law takes property crimes seriously—many carry severe penalties, including jail time, fines, and lasting criminal records. If you’re facing a theft, burglary, or vandalism charge, understanding the legal definitions and consequences can be crucial in building a strong defense.
There are many different types of property crimes in Arizona. Learn about the most common and their associated penalties.
Theft
Theft occurs when one person steals property or money from another person and can range from petty theft to grand larceny. Larceny is the most common property crime in Arizona and consists of unlawfully taking, carrying, or riding away with another person’s property or possessions without the use of threat. This can include shoplifting, pick-pocketing, or stealing motor vehicle parts. Motor vehicle theft is also relatively common in Arizona and involves taking an entire self-propelled vehicle or its parts.
Theft charges can be complex in Arizona, as the severity and associated penalties depend on the value of the property stolen.
- Misdemeanor theft consists of stealing property valued at under $1,000. It carries a penalty of up to six months in jail.
- Felony theft consists of stealing property valued at $1,000 or more. Penalties increase with the property’s value and range from prison sentences of up to two years for Class 6 felony theft of under $2,000 to a prison sentence of over 12 years for Class 2 felony theft of property valued at over $25,000.
Burglary
Burglary is unlawfully entering or staying on a property for the purpose of committing a felony or theft.
This crime increases in severity depending on the circumstances of the incident and is divided into three categories of crimes, including:
- First-Degree Burglary – Burglary in the first degree is the most serious burglary offense and involves the person or their accomplice knowingly possessing explosives, a deadly weapon, or any dangerous instrument in the course of attempting the theft or felony. It is a Class 3 felony if committed in a commercial structure and Class 2 if committed in a residential structure, with sentences ranging from seven to 21 years in prison for a first offense.
- Second-Degree Burglary – Burglary in the second degree involves going inside or staying unlawfully in a residential structure with the intent to commit theft or a felony. It is a Class 3 felony and can result in two to 8.75 years in prison for a first offense.
- Third-Degree Burglary – Burglary in the third degree is a Class 4 felony that involves unlawful entry into nonresidential structures, including unlawfully entering motor vehicles with a master key. It can result in probation or up to 3.75 years in prison for a first offense, depending on severity.
Robbery
Robbery is a Class 4 felony in which the perpetrator uses force or threatens to use force in the course of taking the other person’s property against their will. While basic robbery is a class 4 felony that results in one to 3.75 years in prison and over $100,000 in fines, aggravating factors can increase the crime’s severity and result in additional penalties.
- Previous felonies can increase prison time anywhere from two to 15 years
- Armed robbery is a more serious Class 2 felony leading to at least 12 years in prison
- Robbery causing serious injury can mean extended prison time or restitution to the victim
Criminal Damage
Criminal damage includes offenses such as vandalism or graffiti and is defined as recklessly damaging, defacing, drawing, or inscribing messages on the property of another. It can also include tampering with another person’s property or obstructing property.
Criminal damage charges can range from a Class 2 misdemeanor to a Class 4 felony, depending on the monetary amount of the damages caused. Misdemeanor penalties begin at four months in jail for damage valued at less than $250 to four years in prison and $150,000 in fines for damage valued at over $10,000.
Arson
Arson is the intentional burning of property, including forests, structures, or personal property. Factors regarding the victim and the damages caused determine the penalty, which can be either a felony or a misdemeanor.
- Arson is a Class 2 felony if the fire burns or results in the explosion of an occupied structure. Penalties range from three years for a first-time offense to up to 35 years with prior convictions.
- Arson of an unoccupied property or structure is generally a Class 4 felony if the property is valued over $1,000. Charges and penalties can increase or decrease relative to the amount of damage caused and any prior offenses, with anywhere from six months in jail for petty arson to six to 15 years in prison for felony arson with prior convictions.
Trespassing
Trespassing is unlawfully entering another person’s property, regardless of what damage is done. Trespassing crimes can be either first, second, or third-degree:
- First-Degree Trespassing – First-degree trespassing can be a misdemeanor or a felony and involves criminal trespassing in a residential property, religious property, or critical public service facility. Penalties involve anywhere from six months in jail to 1.5 years in prison and fines of up to $2,500.
- Second-Degree Trespassing – Second-degree criminal trespassing in a non-residential facility can be a class 2 misdemeanor. Penalties involve up to $750 in fines and up to four months in jail.
- Third-Degree – Third-degree involves unlawfully remaining on another person’s property after a reasonable request to leave. Penalties include fines of up to $500, probation, and jail time of up to 30 days
Understanding Property Crime Laws in Arizona: General Penalties
In Arizona, each property crime incident is charged as one offense, except for motor vehicle theft, in which each vehicle stolen is a different offense. If you commit a property crime in Arizona, you will face either misdemeanor or felony charges. If convicted, you’ll need to serve jail or prison time and pay fines. You may also be required to pay restitution and lose privileges, such as having your license revoked.
Jail or prison time and fines assessed are determined by the type of crime as well as other factors associated with the case, such as any aggravating factors, the value of the property stolen or damaged, and whether people were endangered by the commission of the crime.
Misdemeanor Penalties
A person charged with a Class 1 misdemeanor can serve up to six months in jail and pay up to $2,500 in fines. Class 2 misdemeanors generally result in four months in jail and fines of up to $750, and Class 3 can reach up to 30 days in jail and fines of $500. Penalties can also include probation. Generally, the value of the property stolen or damaged will dictate the fine.
Felony Penalties
Sentencing for a felony depends on whether it is a first-time or repeated offense, and it is ultimately up to a judge’s discretion. However, jail time for felonies tends to fall under a specific range depending on the felony class. Your lawyer can provide you with more insight into the charges you are likely to face for your specific situation.
Range of felony charges for first-time offenders:
- Class 1 felonies can result in up to life imprisonment
- Class 2 felonies can range from three years to 12.5 years in prison
- Class 3 felonies can range from two years to 8.75 years in prison
- Class 4 felonies can range from one year to 3.75 years in prison
- Class 5 felonies can range from six months to 2.5 years in prison
- Class 6 felonies can range from six months to 2 years in prison
Repeat offender felonies are further broken into three categories known as Category 1, 2, and 3 Repeat Offenders. While Category 1 sentencing is similar to first-time offender sentencing, the jail time ranges for Category 2 and 3 felonies are more severe.
Offenders committing Category 2 felonies could face penalties including:
- Class 1 Category 2 felonies can result in life imprisonment
- Class 2 Category 2 felonies range from 4.5 to 23 years in prison
- Class 3 Category 2 felonies range from 3.25 to 16.25 years in prison
- Class 4 Category 2 felonies range from 2.25 to 7.5 years in prison
- Class 5 Category 2 felonies range from one to 3.75 years in prison
- Class 6 Category 2 felonies range from nine months to 2.75 years in prison
Offenders committing Category 3 felonies could face penalties including:
- Class 1 Category 3 felonies can result in life imprisonment
- Class 2 Category 3 felonies range from 10.5 to 35 years in prison
- Class 3 Category 3 felonies range from 7.5 to 25 years in prison
- Class 4 Category 3 felonies range from six to 15 years in prison
- Class 5 Category 3 felonies range from 3 to 7.5 years in prison
- Class 6 Category 3 felonies range from 2.25 to 5.75 years in prison
Other Consequences for Committing Property Crimes
If you are only charged with a property crime, there is a chance you will not be convicted if your lawyer can build a successful defense or negotiate with the judge. However, if you are convicted, the above jail or prison time and fines will become relevant. In addition to these penalties, you may face other consequences.
Common additional consequences surrounding property crimes include:
- Paying Restitution – You may have to compensate victims for their losses. The amount of restitution must be commensurate with the amount of loss caused by the crime.
- Probation – Sometimes, you may receive probation in addition to or in lieu of being incarcerated.
- Criminal Record – If you are convicted of a felony or misdemeanor, it will appear on your permanent record. This could impact your future employment opportunities, housing applications, and ability to obtain a driver’s license; it could also impede your ability to obtain government assistance or professional licensure.
- Reputation – If you are convicted of a property crime, it could impact your reputation and standing in your community. You may also be barred from entering certain properties again.
Common Property Crime Defenses
Fortunately, not all property crime charges result in a conviction. You may have committed the crime unintentionally, as with incidents where you believed you had been given permission to enter a property or take an item. Alternatively, you may have committed a crime out of desperation or gotten caught in the wrong place at the wrong time. Whatever the case, the property crimes lawyers at The Valley Group can help you build a defense that mitigates your charges or may even result in the dismissal of your case.
Any one of the following defense strategies may be used in your case:
Reasonable Belief
A reasonable belief defense is when someone reasonably believes they had permission to engage in a criminal act. For example, this defense is commonly used for people facing vandalism or graffiti charges who believe they were granted permission to paint a mural on a building that belongs to someone else.
Renunciation
Renunciation means a person withdraws from committing a criminal act in its process or makes efforts to prevent the crime from occurring. An example of this could be unlawfully entering a vehicle but not taking any property or leaving the scene without stealing the vehicle or causing damage to it.
Execution of Public Duty
Execution of public duty is also referred to as justification. This defense is available if a person is required or authorized to commit the offense by law. For example, you may have obtained an officer’s permission to break into someone’s home to rescue a child from imminent harm or danger.
Necessity Defense
The necessity defense is similar to justification in that the person does commit a property crime but does so to prevent public or private injury. A person can use a necessity defense if they have no other reasonable alternative than to commit the crime.
Duress
Duress or coercion is when a person commits a crime after being forced or significantly persuaded to do so by someone else. For example, you may claim duress if a person robbing an ATM machine puts a gun to your head and forces you to insert a stolen debit card and its associated PIN.
What Are My Rights if I Am Charged with a Property Crime?
If you are charged with a property crime, several constitutional rights become relevant. First, if you are arrested, you must be informed of your Miranda rights, which include the right to remain silent and the right to request an attorney. If officers do not inform you of your rights during your arrest, an attorney can argue that a procedural issue should result in reduced or dismissed charges.
You also have a right to due process, which is the right to challenge your charges and hire a lawyer to defend you, and you have the right to a fair and speedy trial. The minute you are arrested for a property crime, it is advisable to contact a lawyer. This can help ensure you continue to hold all your rights and may also save you time, money, and stress as you face the Arizona court system.
AZ Property Crime FAQs
If you are charged with a property crime in Arizona, it is understandable to have many questions. We have compiled some of the answers that you need to prepare for the legal proceedings ahead.
Begin Building Your Property Crimes Defense
If you or a loved one are facing property crime charges, the skilled defense attorneys at The Valley Law Group can help. We have the knowledge and experience you need to mount a formidable defense against these charges. Our attention to detail allows us to build unique defense strategies that fit the unique needs of our clients.
You can learn more about property crimes in Arizona and how our team can help here.
If you are looking for immediate help, please contact us to schedule your free legal consultation with our team.
Sources:
- FBI. (2019). Crime in the U.S. 2019: Table 5. Retrieved December 18, 2024, from https://ucr.fbi.gov/crime-in-the-u.s/2019/crime-in-the-u.s.-2019/topic-pages/tables/table-5
- Arizona Department of Public Safety. (2022). Property crime in Arizona: 2022 report. Retrieved December 18, 2024, from https://azcrimestatistics.azdps.gov/tops/report/property-crime/arizona/2022
- Arizona Revised Statutes: Title 13
Arizona Legislature. (2024). Arizona Revised Statutes: Title 13. Retrieved December 18, 2024, from https://www.azleg.gov/arsDetail/?title=13 - Arizona Revised Statutes § 13-1507: Burglary in the second degree
Arizona Legislature. (2024). Arizona Revised Statutes § 13-1507: Burglary in the second degree. Retrieved December 18, 2024, from https://www.azleg.gov/ars/13/01507.htm - Arizona Revised Statutes § 13-1506: Burglary in the third degree
Arizona Legislature. (2024). Arizona Revised Statutes § 13-1506: Burglary in the third degree. Retrieved December 18, 2024, from https://www.azleg.gov/ars/13/01506.htm - Arizona Revised Statutes § 13-1902: Robbery
Arizona Legislature. (2024). Arizona Revised Statutes § 13-1902: Robbery. Retrieved December 18, 2024, from https://www.azleg.gov/ars/13/01902.htm#:~:text=13%2D1902.,is%20a%20class%204%20felony - Arizona Revised Statutes § 13-1602: Criminal damage
Arizona Legislature. (2024). Arizona Revised Statutes § 13-1602: Criminal damage. Retrieved December 18, 2024, from https://www.azleg.gov/ars/13/01602.htm#:~:text=1.,Intentionally%20tampering%20with%20utility%20property - Arizona Revised Statutes § 13-1704: Arson of an occupied structure
Arizona Legislature. (2024). Arizona Revised Statutes § 13-1704: Arson of an occupied structure. Retrieved December 18, 2024, from https://www.azleg.gov/ars/13/01704.htm - Arizona Revised Statutes § 13-1703: Arson of a structure or property
Arizona Legislature. (2024). Arizona Revised Statutes § 13-1703: Arson of a structure or property. Retrieved December 18, 2024, from https://www.azleg.gov/ars/13/01703.htm - Arizona Revised Statutes § 13-1503: Criminal trespass in the first degree
Arizona Legislature. (2024). Arizona Revised Statutes § 13-1503: Criminal trespass in the first degree. Retrieved December 18, 2024, from https://www.azleg.gov/ars/13/01503.htm - Arizona Revised Statutes § 13-1502: Criminal trespass in the second degree
Arizona Legislature. (2024). Arizona Revised Statutes § 13-1502: Criminal trespass in the second degree. Retrieved December 18, 2024, from https://www.azleg.gov/ars/13/01502.htm - Arizona Revised Statutes § 13-707: Sentencing for misdemeanors
Arizona Legislature. (2024). Arizona Revised Statutes § 13-707: Sentencing for misdemeanors. Retrieved December 18, 2024, from https://www.azleg.gov/ars/13/00707.htm#:~:text=13%2D707.,class%203%20misdemeanor%2C%20thirty%20days - Arizona Revised Statutes § 13-703: Dangerous crimes against children
Arizona Legislature. (2024). Arizona Revised Statutes § 13-703: Dangerous crimes against children. Retrieved December 18, 2024, from https://www.azleg.gov/ars/13/00703.htm - Arizona Revised Statutes § 13-402: Justification; burden of proof
Arizona Legislature. (2024). Arizona Revised Statutes § 13-402: Justification; burden of proof. Retrieved December 18, 2024, from https://www.azleg.gov/ars/13/00402.htm - Arizona Revised Statutes § 13-417: Duress
Arizona Legislature. (2024). Arizona Revised Statutes § 13-417: Duress. Retrieved December 18, 2024, from https://www.azleg.gov/ars/13/00417.htm - Arizona Revised Statutes § 13-412: Entrapment
Arizona Legislature. (2024). Arizona Revised Statutes § 13-412: Entrapment. Retrieved December 18, 2024, from https://www.azleg.gov/ars/13/00412.htm - Know Your Rights
American Civil Liberties Union of Arizona. (n.d.). Know your rights. Retrieved December 18, 2024, from https://www.acluaz.org/en/know-your-rights - Property Crime in Arizona
SafeHome. (n.d.). Property crime in Arizona. Retrieved December 18, 2024, from https://www.safehome.org/safest-cities/az/#:~:text=Property%20Crime%20in%20Arizona,-When%20determining%20property&text=The%20state%20ranks%2016th%20among%20all%2050%20states%20for%20property%20crime
