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Tucson Shoplifting Attorney

Shoplifting in Arizona can be charged as either a misdemeanor or a felony, depending on the value of the items involved, or the type of item taken.  Elias Damianakos is an experienced Tucson Shoplifting Attorney defending people accused of shoplifting and other theft offenses in Tucson. Arizona’s shoplifting statute, A.R.S. § 13-1805 considers the following acts as shoplifting:

  • removing goods displayed for sale with the intent to deprive the owner
  • charging the price of the item to a fictitious person
  • paying less than the purchase price by means of altering a label
  • transferring the item from one container to another
  • concealment

Arizona’s shoplifting, A.R.S. § 13-1805 statute provides as follows:

A. A person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, the person knowingly obtains such goods of another with the intent to deprive that person of such goods by:

1. Removing any of the goods from the immediate display or from any other place within the establishment without paying the purchase price; or

2. Charging the purchase price of the goods to a fictitious person or any person without that person’s authority; or

3. 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; or

4. Transferring the goods from one container to another; or

5. Concealment.

A conviction for shoplifting carries the stigma that a person is “dishonest.”  Some people who forget to pay for an item and exit a store could be charged with shoplifting.  A conviction for shoplifting with prior shoplifting convictions carry a mandatory jail sentence.  Typical sentences for shoplifting include a fine, probation, restitution, and an order not to return to the establishment.  In addition to the criminal case, the merchant themselves may issue a no-return order to any of their stores for life.

Civil Liability for Shoplifting

Under A.R.S. § 12-691,  merchants in Arizona have a civil remedy against a person accused of shoplifting, and many merchants take advantage of the Arizona law that permits them to do.  The statute provides:

An adult or emancipated minor who commits shoplifting as defined by section 13-1805 is civilly liable to the owner of the obtained goods for all of the following:

1. A penalty in the amount of the retail value of the obtained goods.

2. For an adult, an additional penalty of at least two hundred fifty dollars but not more than two hundred fifty dollars plus the actual damages to the owner.

3. For an emancipated minor, an additional penalty of at least one hundred dollars but not more than one hundred dollars plus the actual damages to the owner.

If you have been charged with shoplifting, contact our office for a free consultation to discuss your options and defenses with Elias Damianakos, an experienced Tucson shoplifting attorney. We have successfully defended people from all walks of life accused of shoplifting.

 

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