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What Is Property Crime Law in Arizona?

To break it down, a crime is considered a property crime if it is related to the theft and/or destruction of another’s property without the owner’s consent. If the value of the damage is more than $250, the case is jury trial eligible. However, if the damage caused is less than $250, your case is not eligible for a jury trial, but will be a bench trial. A bench trial means the case will be heard only by the judge, without a jury. At trial, your defense attorney will be able to cross-examine the alleged victim, and any other witnesses, challenge the evidence, and vigorously defend you from the charge.

Property crimes can range from being charged as a misdemeanor to a felony. Regardless of how the charge is classified, being charged with a property crime can have serious consequences. If the charge is a felony, your case will only be jury eligible, if the case proceeds to trial. Some of the most common types of property crimes the property crimes lawyers at our office handle are:

Criminal trespass;
Stolen property;
Criminal Damage;
Arson.

Types of Property Crimes We Handle in Phoenix, Arizona

Arizona law punishes those convicted of a property crime very harshly. The penalties, if convicted range from incarceration, fines, probation, counseling, restitution, no contact orders, and community service. There are many different types of property crimes that one can be charged with. Some of the most common property crime charges we see are criminal trespass, criminal damage, arson, and trafficking stolen property.

Criminal Damage

A.R.S. §13-1602 defines criminal damage as intentionally damaging someone else’s property. This even includes acts such as graffiti, breaking a window or windshield. The penalties for criminal damage range from a class 2 misdemeanor to class 4 felony.

Criminal Trespass

In Arizona, there are three degrees of criminal trespass. The penalties, dependent on which degree you are charged with, range from a class three misdemeanor to a class 5 felony!

‍Arizona Revised Statutes (A.R.S.) §13-1502 defines third-degree criminal trespassing, a class 3 misdemeanor, as “knowingly entering or remaining unlawfully on any real property.

‍A.R.S. §13-1503 defines second-degree criminal trespass, a class two misdemeanor, as entering a commercial building or yard.

‍A.R.S. §13-1504 defines first-degree criminal trespass, ranging from a class 2 misdemeanor to class 5 felony, as anyone who knowingly enters a home.

Arson

Arizona breaks arson into three specific offenses: reckless burning, arson of a structure or property, and arson of an occupied structure.

‍A.R.S. §13-1702 defines reckless burning as someone causes a fire that damages an occupied structure, wildland or property. Reckless burning is a class 1 misdemeanor.

‍A.R.S. §13-1703 defines Arson of a Structure or Property as when one knowingly and unlawfully damages a structure or property by knowingly causing a fire or explosion. The penalties for this classification or arson range from a class 1 misdemeanor to a class 4 felony.

‍ARS §13-1704 defines Arson of an Occupied Structure. This is the most serious category of Arson and is a class 2 felony. This category of Arson is defined as knowingly and unlawfully damaging an occupied structure by knowingly causing a fire or explosion.

Trafficking in Stolen Property

In Arizona, Trafficking Stolen Property is broken into first and second charges.

‍A.R.S. §13-2307(A) defines second-degree trafficking stolen property as when someone, “recklessly traffics in the property of another that has been stolen.” If convicted, you face the penalties for that of a class 3 felony. Also, the State does not have to prove the Defendant knew the property was stolen.

‍A.R.S. §13-2307(B) defines first-degree trafficking stolen property, a class 2 felony, as when someone, “knowingly initiates, organizes, plans, finances, directs, manages or supervises the theft and trafficking in the stolen property of another.”

If facing this type of charge, our Phoenix Stolen Property and Felony Theft Attorneys can help you navigate your case.

For a free legal consultation with a property crime lawyer serving Gilbert, call (602) 237-6772 today.

Get Reliable Legal Counsel from Gilbert Property Crime Defense Attorney

When you have a Property Crimes Attorney from the Law Offices of Brandon White, you can benefit of having an entire Legal Team made up of Former State Prosecutors or Troopers by your side. Our attorneys have experience in a wide range of property crimes ranging from criminal trespass, robbery, arson, and everything in between!

Property Crime Punishment & Penalties in Arizona

In Arizona, if charged with a criminal offense, you will be charged with either a misdemeanor or a felony. Arizona has three classes of misdemeanors and six classes of felonies. Regardless of which class of misdemeanor or felony you are charged with, a criminal charge is a serious matter that should not be taken lightly:

Class 3 Misdemeanor: a class 3 misdemeanor is the “least” severe classification of a misdemeanor. The maximum penalties for this class of misdemeanors are: 30 days in jail and a $500 fine plus surcharges. If you are convicted of 3rd-degree criminal trespass, this is the class of misdemeanor you will be facing.

Class 2 Misdemeanor: class 2 misdemeanors are a step up from class 3 misdemeanors in severity. Class two misdemeanors are punishable by up to 4 months in jail, a $750 fine plus surcharges, and 2 years of probation. If you are charged with 2nd-degree criminal trespass or criminal damage, in certain circumstances, this is the type of misdemeanor you are facing.

Class 1 Misdemeanor: class 1 misdemeanors are the most severe classification of misdemeanors and carry hefty penalties. This class of misdemeanor is punishable of up to 6 months in jail, a $2,500 fine plus surcharges, and 3 years probation. If you are charged with reckless burning, 1st-degree criminal trespass under certain circumstances, criminal damage under certain circumstances, or Arson of a Structure or Property under certain circumstances, this is the type of misdemeanor you are facing. Our Phoenix Arson Defense Attorneys have the know how to help clients in these special types of cases and work to protect their rights.

Class 6 Felony: class 6 felonies are the least severe type of felony. However, this does not diminish in any way the seriousness of the charge or lifetime consequences of having a felony conviction. A class 6 felony is punishable by up to 2 years in the department of corrections (DOC), 3 years probation, and a $150,000 fine. If you are charged with 1st-degree criminal trespass under certain circumstances, or criminal damage under certain circumstances, this is the class of felony you are facing.

Class 5 Felony: class 5 felonies carry very serious consequences. Class 5 penalties are punishable for up to 2.5 years in DOC, 3 years probation, and a $150,000 fine. If you are charged with 1st-degree criminal trespass under certain circumstances, Arson of a Structure under certain circumstances, or Criminal Damage under certain circumstances, this is the class of felony you are facing.

Class 4 Felony: class 4 felonies carry even more severe penalties than that of class 6 and class 5 felonies. A class 4 felony is punishable by up to 3.75 years (45 months) DOC, 4 years probation, and a $150,000 fine. If you are charged with criminal damage under certain circumstances, or Arson of a Structure under certain circumstances, this is the class of felony you are facing.

Class 3 Felony: class 3 felonies have even more severe penalties. This class of felony is punishable by up to 8.75 years (105 months) DOC, 5 years probation, and a $150,000 fine. If you are charged with 2nd Degree Trafficking Stolen Property this is the type of felony you are facing.

Class 2 Felony: class 2 felonies are the most serious class of felonies for non-homicide offenses. Class 2 felonies are punishable by up 12.5 years DOC, 7 years probation, and a $150,000 fine. If you are charged with 1st Degree Trafficking Stolen Property or Arson of an Occupied Structure, this is the class of felony you are facing.

The above penalties may not be the only penalties you will are facing for the specific charge. The Judge may also impose restitution, community service, or a no-contact order amongst many other sentence additions. The penalties may be enhanced if you have a prior felony conviction.

The offense may have its penalties enhanced furthered if the State can prove the offense should be classified as a “dangerous offense”. An offense is classified as dangerous if the offense involved the discharge, use or threatening display of a deadly weapon or the intentional knowing infliction of serious physical injury on another. With the above property crimes, it is common to see criminal damage and arson both classified as dangerous offenses.

Gilbert Property Crime Lawyer Near Me (602) 237-6772

How Phoenix Property Crime Attorney Can Help?

As you can see, If charged with a property crime in Arizona, a conviction can have grave consequences on your future. A proper legal defense with a skilled and experienced lawyer is required in order to provide you a well-planned and thought-out legal strategy. There may be certain leads the Police did not look into or certain evidence that was not collected that should have. The attorneys at the Law Office of Brandon White will use all legal means at our disposal to achieve the best final result.

Defenses to Personal Property Crimes in Arizona

Property crimes have certain defenses that are available. However, based on the facts and circumstances of your case, there may only be certain defenses available. Due to this, it is extremely important you have an experienced attorney who can create the best legal strategy for your case. The possible defenses to property crimes are:

Duress (A.R.S. §13-412): this defense is available in situations where although the offender committed the act, they did so only because they were forced to act under the threat, or use of, immediate physical force that would seriously injure them, or another person.
Necessity (A.R.S. §13-417): this defense is available where although the conduct engaged in was criminal, such conduct was done because there was no reasonable alternative that would avoid imminent public, or private, injury.
Justification (A.R.S. §13-402): this defense is available where although the criminal act was committed, the criminal action was justified when required or authorized by law.
Renunciation: this defense is available in a situation where the offender withdrew from participating in the criminal act before it occurred and made substantial efforts to prevent the commission of the criminal act.
Reasonable Belief: the defense is available when the offender “reasonably believed” they had the owner’s permission to use or enter their property.

All of our attorneys are either former State Troopers or State Prosecutors. We know the type of evidence the State looks for, and more importantly know what the State needs to prove the charge

Using that experience also has the ability to spot inconsistent and/or sloppy police investigations

The entire firm, not just your attorney, will be with you every step of the way. We will make sure to respond promptly to all communication and will ensure you are kept up to date as to any developments in your case

We pledge to fight your case using an individualized case strategy tailored to the facts of your specific case

Call our office today to speak with a property crime attorney.

Call or text (602) 237-6772 or fill out our Free Case Evaluation form to get started.

What Is Property Crime Law in Arizona?