Arizona criminal charge
Theft in Arizona
Theft is a criminal offense under Arizona law, defined by A.R.S. § 13-1802. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-1802.
What is the penalty for theft in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 4 years to 10 years (Theft ($25,000 or more) — Theft of property or services with a value of twenty-five thousand dollars or more.; presumptive 5 years; mitigated 3 / aggravated 12.5 years available only on at least two mitigating/aggravating circumstances (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Theft ($25,000 or more) — Theft of property or services with a value of twenty-five thousand dollars or more.; fine cap for an individual (13-801); drug and other offenses may set higher statute-specific amounts) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 2.5 years to 7 years (Theft ($4,000–$25,000) — Theft of property or services with a value of four thousand dollars or more but less than twenty-five thousand dollars.; presumptive 3.5 years; mitigated 2 / aggravated 8.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Theft ($4,000–$25,000) — Theft of property or services with a value of four thousand dollars or more but less than twenty-five thousand dollars.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 18 months to 36 months (Theft ($3,000–$4,000, or vehicle engine/transmission) — Theft of property or services with a value of three thousand dollars or more but less than four thousand dollars, or theft of any vehicle engine or transmission regardless of value.; presumptive 2.5 years; mitigated 1 year / aggravated 3.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Theft ($3,000–$4,000, or vehicle engine/transmission) — Theft of property or services with a value of three thousand dollars or more but less than four thousand dollars, or theft of any vehicle engine or transmission regardless of value.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Theft ($2,000–$3,000) — Theft of property or services with a value of two thousand dollars or more but less than three thousand dollars.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Theft ($2,000–$3,000) — Theft of property or services with a value of two thousand dollars or more but less than three thousand dollars.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 6 months to 18 months (Theft ($1,000–$2,000) — Theft of property or services with a value of one thousand dollars or more but less than two thousand dollars.; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Theft ($1,000–$2,000) — Theft of property or services with a value of one thousand dollars or more but less than two thousand dollars.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | up to 6 months (Theft (under $1,000, ordinary property) — Theft of any property or services valued at less than one thousand dollars, unless taken from the person of another, a firearm, or an animal taken for fighting purposes.; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Theft (under $1,000, ordinary property) — Theft of any property or services valued at less than one thousand dollars, unless taken from the person of another, a firearm, or an animal taken for fighting purposes.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
| Jail / prison | 6 months to 18 months (Theft (under $1,000, from person, firearm, or fighting animal) — Theft of property valued at less than one thousand dollars where the property is taken from the person of another, is a firearm, or is an animal taken for animal fighting purposes.; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Theft (under $1,000, from person, firearm, or fighting animal) — Theft of property valued at less than one thousand dollars where the property is taken from the person of another, is a firearm, or is an animal taken for animal fighting purposes.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
Applies to first felony offense, non-dangerous; presumptive term 5 years.
How is theft classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Theft ($25,000 or more) | Class 2 Felony | Theft of property or services with a value of twenty-five thousand dollars or more. | A.R.S. § 13-1802G |
| Theft ($4,000–$25,000) | Class 3 Felony | Theft of property or services with a value of four thousand dollars or more but less than twenty-five thousand dollars. | A.R.S. § 13-1802G |
| Theft ($3,000–$4,000, or vehicle engine/transmission) | Class 4 Felony | Theft of property or services with a value of three thousand dollars or more but less than four thousand dollars, or theft of any vehicle engine or transmission regardless of value. | A.R.S. § 13-1802G |
| Theft ($2,000–$3,000) | Class 5 Felony | Theft of property or services with a value of two thousand dollars or more but less than three thousand dollars. | A.R.S. § 13-1802G |
| Theft ($1,000–$2,000) | Class 6 Felony | Theft of property or services with a value of one thousand dollars or more but less than two thousand dollars. | A.R.S. § 13-1802G |
| Theft (under $1,000, ordinary property) | Class 1 Misdemeanor | Theft of any property or services valued at less than one thousand dollars, unless taken from the person of another, a firearm, or an animal taken for fighting purposes. | A.R.S. § 13-1802G |
| Theft (under $1,000, from person, firearm, or fighting animal) | Class 6 Felony | Theft of property valued at less than one thousand dollars where the property is taken from the person of another, is a firearm, or is an animal taken for animal fighting purposes. | A.R.S. § 13-1802G |
Common questions about theft in Arizona
Is theft a felony or a misdemeanor in Arizona?
It depends on the circumstances: theft ranges from a Class 1 Misdemeanor to a Class 2 Felony in Arizona under A.R.S. § 13-1802.
Theft ($25,000 or more): Class 2 Felony (A.R.S. § 13-1802G) · Theft ($4,000–$25,000): Class 3 Felony (A.R.S. § 13-1802G) · Theft ($3,000–$4,000, or vehicle engine/transmission): Class 4 Felony (A.R.S. § 13-1802G) · Theft ($2,000–$3,000): Class 5 Felony (A.R.S. § 13-1802G) · Theft ($1,000–$2,000): Class 6 Felony (A.R.S. § 13-1802G) · Theft (under $1,000, ordinary property): Class 1 Misdemeanor (A.R.S. § 13-1802G) · Theft (under $1,000, from person, firearm, or fighting animal): Class 6 Felony (A.R.S. § 13-1802G)
What are the penalties for theft in Arizona?
Which Arizona statute covers theft?
Theft is governed by A.R.S. § 13-1802 (Theft; classification; definitions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.