Arizona criminal charge
Unlawful failure to return rented or leased property in Arizona
Unlawful failure to return rented or leased property is a criminal offense under Arizona law, defined by A.R.S. § 13-1806. 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. § 13-1806.
What is the penalty for unlawful failure to return rented or leased property in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 9 months to 24 months (Unlawful failure to return rented or leased motor vehicle — The rented or leased property that was not returned is a motor vehicle.; 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 (Unlawful failure to return rented or leased motor vehicle — The rented or leased property that was not returned is a motor vehicle.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | up to 6 months (Unlawful failure to return rented or leased property (non-vehicle) — The rented or leased property that was not returned is not a motor vehicle.; 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 (Unlawful failure to return rented or leased property (non-vehicle) — The rented or leased property that was not returned is not a motor vehicle.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
Applies to first felony offense, non-dangerous; presumptive term 1.5 years.
How is unlawful failure to return rented or leased property classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful failure to return rented or leased motor vehicle | Class 5 Felony | The rented or leased property that was not returned is a motor vehicle. | A.R.S. § 13-1806E |
| Unlawful failure to return rented or leased property (non-vehicle) | Class 1 Misdemeanor | The rented or leased property that was not returned is not a motor vehicle. | A.R.S. § 13-1806E |
Common questions about unlawful failure to return rented or leased property in Arizona
Is unlawful failure to return rented or leased property a felony or a misdemeanor in Arizona?
It depends on the circumstances: unlawful failure to return rented or leased property ranges from a Class 1 Misdemeanor to a Class 5 Felony in Arizona under A.R.S. § 13-1806.
Unlawful failure to return rented or leased motor vehicle: Class 5 Felony (A.R.S. § 13-1806E) · Unlawful failure to return rented or leased property (non-vehicle): Class 1 Misdemeanor (A.R.S. § 13-1806E)
What are the penalties for unlawful failure to return rented or leased property in Arizona?
Which Arizona statute covers unlawful failure to return rented or leased property?
Unlawful failure to return rented or leased property is governed by A.R.S. § 13-1806 (Unlawful failure to return rented or leased property; notice; classification).
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.