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Queen Creek Larceny Lawyers

If you ever become involved in the criminal justice system, you will probably learn several terms that have very similar- but not exactly the same- meanings. There are several terms related to theft offenses with slightly different definitions. If you have been accused of stealing another person’s property, you’ve probably heard words like robbery, theft, burglary, and larceny. Larceny is one of the most common criminal charges in Queen Creek and the rest of Arizona. Keep reading to learn more about the criminal offense of larceny, and if you’ve been charged with this crime, don’t hesitate to contact our firm for your free consultation at 480-470-1504.

What Is Larceny?

Larceny is defined under Arizona law by A.R.S. § 26-1121. This statute differentiates larceny from misappropriation. A person commits larceny if they wrongfully take, obtain, or withhold, from the possession of the owner or of any other person any money, personal property, or article of value of any kind with the intent to permanently deprive another person of the use and benefit of that property. Misappropriation occurs if the person steals property with the intent to temporarily deprive another person of the use and benefit of that property. Therefore, larceny is a more traditional definition of theft while misappropriation might be considered borrowing without permission.

Larceny can be criminally categorized as theft, which is classified and defined by A.R.S. § 13-1802. The first definition of theft is when a person controls the property of another with the intent to deprive the other person of such property, which is not dissimilar to the definition of larceny. Theft can also be converting property for unauthorized use, obtaining property or services through misrepresentation, coming into control of lost or misdelivered property without making reasonable efforts to notify the true owner, and controlling property with the knowledge that it is stolen. There are also special rules regarding the theft of ferrous and nonferrous metals in Arizona. If you have been charged with a larceny offense in Queen Creek and are seeking high-quality private defense representation, call 480-470-1504 for your free consultation with our firm.

Theft From Vulnerable Adults & Statutory Defenses

Arizona also defines theft as taking advantage of a vulnerable adult with the intent to deprive that vulnerable adult of their property. For example, if a caregiver were to convince a patient with dementia to transfer the deed to their house, this would be considered theft. There are a few statutory defenses to this type of theft available in Arizona. First, it is a defense if the property was given as a gift that is consistent with a pattern of gift-giving by the adult before they became vulnerable. A pattern of gift-giving involves two or more gifts that are the same or similar in type and monetary value. Second, the defendant can raise a statutory defense if the gift was given in a pattern consistent with a class of individuals before the adult became vulnerable. Third, the superior court could approve the transaction before it occurs.

Value Of Property Stolen & Criminal Classifications

The value of the goods or services stolen by the defendant is relevant because it can impact the level of crime with which they are charged. In Arizona, the lower the number for a criminal offense, the more serious the crime. A second-degree felony is a more serious offense than a sixth-degree felony, and a class 1 misdemeanor is more serious than a class 2 or class 3 misdemeanor. A felony is more serious than a misdemeanor and carries heavier penalties.

The classifications of theft based on property value in Arizona are as follows:

$25,000 or more: class 2 felony
$4,000 to $25,000: class 3 felony
$3,000 to $4,000: class 4 felony
$2,000 to $3,000: class 5 felony
$1,000 to $2,000: class 6 felony
Less than $1,000: class 1 misdemeanor
Vehicle transmission or engine of any value: class 4 felony
Firearm or animal taken for animal fighting: class 6 felony

Additionally, a defendant convicted of stealing goods or services worth $100,000 or more will not be eligible for suspension of their sentence, probation, pardon, or release until their sentence is completed. If the defendant is accused of stealing ferrous or nonferrous metal, any property damage caused by the theft will be included in the value. For example, if a person is convicted of stealing $3,000 worth of copper wiring out of an unoccupied structure and causes $2,000 worth of damage while removing the copper wiring, this will be charged as a theft of $5,000, which would be a class 3 felony. For more information about criminal classification of larceny offenses in Queen Creek, Arizona, call 480-470-1504 to schedule your free consultation with one of our experienced defenders.

How Much Time Will I Serve Behind Bars If Convicted Of Larceny?

Judges determining incarceration sentences for defendants accused of criminal offenses have guidelines to follow. They provide presumptive sentences for the offense charged, which the judge can deviate from based on specific facts from the case. The guidelines provide a minimum and maximum sentence, as well as mitigated and aggravated sentences that can be used when special factors are present. If the defendant has prior criminal offenses on their record, the penalties they face may be bumped up a charge. For example, if a defendant is convicted of a second class 4 felony, the second class 4 felony may be penalized using class 3 felony guidelines.

If a defendant in Arizona is convicted of larceny at the misdemeanor level, it will be a class 1 misdemeanor. Per A.R.S. § 13-707, a class 1 misdemeanor is punishable by up to 6 months in jail. The penalties for a first-time felony offender are laid out by A.R.S. § 13-702. A class 2 felon can be sentenced to 4-10 years in prison with a 5-year presumptive sentence. A class 3 felon can be sentenced to 2.5-7 years in prison with a 3.5-year presumptive sentence. A class 4 felon can be sentenced to 1.5-3 years in prison with a 2.5-year presumptive sentence. A class 5 felon can be sentenced to .75-2 years in prison with a 1.5-year presumptive sentence. A class 6 felon can be sentenced to .5-1.5 years in prison with a 1-year presumptive sentence. All of these penalty ranges can be increased by aggravating factors and reduced by mitigating factors. For more information about your potential penalties if convicted of larceny in Queen Creek, Arizona, call 480-470-1504 for your free consultation with our firm.

Seeking Quality Criminal Defense Representation In The Queen Creek Area? Look No Further.

If you are arrested for larceny in Queen Creek, you have the right to select your own legal counsel for the prosecution against you. If you are dissatisfied with the public defender assigned to your case, it may be time to see what private defenders have to offer. A larceny conviction can follow you much longer than your incarceration, reducing the opportunities available to you for life. Our Queen Creek criminal defense team offers experience and a service level that can’t be matched. To schedule your free consultation by phone, contact us at My AZ Lawyers or call 480-470-1504.