What Are The Consequences of Juvenile Shoplifting In Arizona?

Key Takeaways

• Juvenile shoplifting is an illegal act in which a person under 18 takes merchandise from a store without paying or having the owner’s consent.
• Shoplifting goods worth less than $1,000 is usually considered petty theft and can result in a class 1 misdemeanor. Shoplifting more expensive items, firearms, or items for a criminal street gang or syndicate can lead to a felony.
• Sometimes, juveniles caught shoplifting are ordered to pay restitution, report to a probation officer, participate in counseling, or attend a boot camp, detention course, or diversion class.
• A criminal defense attorney can negotiate with the court or law enforcement officials to potentially receive lesser charges or alternative sentencing options. They can also help minors submit requests to have their records expunged.

Understanding the Consequences of Juvenile Shoplifting in Arizona

Juvenile shoplifting occurs when someone under 18 takes merchandise from a store without paying for it or receiving the owner’s consent. It is essential to understand what the punishment for juvenile theft is and whether shoplifting as a minor stays on your record.

If an individual under 18 commits a crime in Arizona, their case is typically handled in the Arizona juvenile justice system, as opposed to the criminal justice system used for adults. Most cases of juvenile shoplifting are considered petty theft and are charged as a misdemeanor. However, as the value of the stolen goods increases, so does the severity of the punishment.

In Arizona, if someone shoplifts anything worth more than $1,000, they can be charged with a felony. Stealing certain things, like firearms or items used for criminal street gang activity, can also result in a felony. If you or your child has been charged with juvenile shoplifting, consult a skilled criminal defense attorney to facilitate achieving the best possible outcome.

Arizona Juvenile Shoplifting Laws

ARS 13-1805 describes shoplifting as the criminal act of taking goods without payment or authorization. Some other acts that the state of Arizona classifies as shoplifting are:

• Charging a fictional person or someone else for goods without their authority.
• Paying less than an item costs by using deception, like altering a price tag.
• Transferring goods from one container to another
• Concealing objects with the intent to steal them.

When a juvenile, which ARS 8-201 defines as someone under the age of 18, gets caught shoplifting, it is treated similarly to adult shoplifting. However, it is usually dealt with by the juvenile justice system, which emphasizes rehabilitation over punishment.

Moreover, the individual’s parent or guardian may be held responsible for certain actions. For example, any retailer hurt by a minor’s shoplifting may file a civil lawsuit under ARS 12-661 or ARS 12-692 against the minor’s parent or guardian.

What Do Juveniles Shoplift?

Juveniles often shoplift small goods because they are easy to conceal. Usually, these goods are relatively cheap as well—in 2021, the median value of shoplifted goods was approximately $100. Some examples of items that are commonly stolen by minors are:

• Small electronics, such as headphones or video game controllers.
• Beauty products like makeup palettes
• Snacks, including pre-packaged goods from convenience stores.

Some reasons a juvenile might steal from an establishment include financial need, curiosity, or peer pressure.

Legal Consequences for Shoplifting

ARS 13-1805 outlines the potential charges for shoplifting, which can vary depending on the context of the crime and the goods that were stolen. Some charges that someone could face if they shoplift in Arizona are:

• Shoplifting goods worth $2,000 or more is classified as a class 5 felony.
• Shoplifting items to support a criminal street gang or syndicate is considered a class 5 felony.
• Shoplifting during a continuing criminal episode, meaning the individual stole property worth $1,500 or more across at least three separate incidents within 90 days, can result in a class 5 felony.
• Shoplifting property worth $1,000 to $2,000 is considered a class 6 felony.
• Shoplifting a firearm is classified as a class 6 felony.
• Shoplifting goods worth less than $1,000 is considered a class 1 misdemeanor.

For a first offense, a class 5 felony is punishable by a minimum of six months in jail and a maximum of two and a half years, according to ARS 13-702. The same statute declares a class 6 felony has a maximum punishment of two years in jail and a 4-month minimum. Lastly, ARS 13-707 states that class 1 misdemeanors have a maximum imprisonment of 6 months.

Hiring an experienced criminal defense attorney can help you or your child increase your chances of achieving the best possible outcome after getting charged with shoplifting.

Punishment For Juvenile Shoplifting

Through the lens of the law, juveniles do not have the same decision-making capabilities as adults. So, although minors can still go to jail for shoplifting in some situations, consequences for juvenile shoplifting tend to encourage behavior correction and rehabilitation. Some examples of penalties that a juvenile shoplifting offender may receive in Arizona are:

Restitution

If the juvenile has a source of income, the court may order them to repay the store owner for the stolen property. If the juvenile does not have a job or another source of income, the court can order them to obtain employment to repay their debt.

Probation

Courts can decide to impose probation on a juvenile, which usually lasts about six months and involves strict rules, such as staying in school, maintaining a specific grade point average, obeying their parents, and routinely reporting to a probation officer.

Release to Parents

In some cases, when the item’s value is minimal, and the juvenile has no prior offenses, the court will release the minor into the custody of their parents or guardian. The court will warn the juvenile about the grim consequences ahead of them if they are arrested again.

Rehabilitative Placement

If the juvenile has a prior history of shoplifting, the court may order the juvenile to attend a boot camp or a detention center for rehabilitation. If the court determines that the juvenile’s home life is contributing to their delinquency, they may order the minor into a foster home.

Counseling Sessions

Courts may order the juvenile to consult a counselor through state services or order the juvenile’s legal guardians to find a qualified family counselor. This usually lasts for a set amount of time or sessions, but it can benefit the juvenile to participate in long-term counseling.

Diversion Programs

These programs are usually only available to first-time offenders and are similar to probation. The court orders the juvenile to attend an educational program, do community service, or maintain a certain grade point average and high academic integrity.

Arresting and Booking Process for Juveniles

Suppose a juvenile is arrested and put through the booking process. In that case, law enforcement must follow strict procedures per the peace officer standards and training. For example, the juvenile’s parent or legal guardian must be informed of the arrest, the officer must transport the minor to a judicial official as quickly as possible, and the minor must be informed of their rights in a language they can understand.

If you or your child have been caught shoplifting, contact a trustworthy criminal defense lawyer as soon as possible to ensure that legal proceedings are as easy and fair as possible.

Juvenile Court Process

In Arizona, the juvenile court process usually includes an initial hearing, during which the minor appears before the court after their arrest or citation. Throughout this hearing, the court reviews the charges and, if required, establishes terms for the juvenile’s release.

Next, the case may move to an adjudication phase, similar to a criminal trial an adult may experience, where the judge determines whether the juvenile committed the offense. Unlike adult trials, these hearings do not involve a jury, thanks to a Supreme Court ruling from 1971 that declared only adults have the right to trial by jury.

If the minor is found guilty, the court will likely proceed to the disposition phase, where the judge decides on appropriate rehabilitation-focused consequences, such as probation or attending counseling or a diversion program.

What Does a Juvenile Defense Attorney Do?

A juvenile defense attorney can play an essential role throughout the abovementioned process. Some examples of ways a juvenile defense attorney can help include:

• Offering legal counsel
• Safeguarding the minor’s rights
• Acting as legal representatives

An attorney advocates for the best possible outcome, which might include negotiating lesser charges or alternative sentencing options. They also help the minor and their family navigate the intricacies of the juvenile justice system, working hard to achieve fair treatment and an effective resolution of the case.

Long-Term Impact For Juveniles

In addition to the potential short-term consequences of being convicted of shoplifting, such as paying fines, being subjected to probation, or having to carry out community service, there may also be long-term effects.

For example, a juvenile shoplifting arrest may appear on a minor’s record, affecting future opportunities, especially ones requiring background checks. Some examples of prospects that can be negatively affected by having shoplifting show up on a record are:

• College admissions
• Housing applications
• Employment opportunities

Sealing and Expungement

In Arizona, certain transgressions can be expunged from a juvenile’s record—this option is not available for people over 18. If approved, an expungement can completely remove a crime from the minor’s record, improving their ability to pursue some of the abovementioned prospects.

Sealing records works similarly to expungements, except it does not entirely remove the transgression from the record. Instead, it helps keep the record private, sealing it away from most background checks—sometimes, adults can also get their records sealed. Contact a highly qualified criminal law team to explore sealing and expungement services.

Rehabilitation and Support Programs

Thankfully, Arizona is full of rehabilitation and support programs that promote impulse control and deter shoplifting. Some classes are available online, while others require you to attend in person. Even if the court does not mandate a shoplifting juvenile to attend one of these programs, they can still help educate young individuals on being honest, integrity-driven consumers.

Some examples of educational anti-shoplifting programs available to Arizona minors are:

• Arizona Theft Awareness Class from Course For Theft
• 8-hour Shoplifting Class from Prodigy Healthcare
• Theft Program from Alternative Education Solutions

Moreover, the National Association for Shoplifting Prevention has many service initiatives and resources that promote community action. All stakeholders in the shoplifting issue must promote restorative justice to help reduce the prevalence and impact of shoplifting.

Counseling and education are crucial for misguided juveniles. You should talk to your attorney about rehabilitation programs in your community. If a juvenile attends one of these classes, it can show the court that they are trying to reinstate morals that prevent further shoplifting incidents.

Protect Your Child’s Future With a Qualified Defense Attorney

Shoplifting is a serious criminal offense that can result in misdemeanor or felony charges depending on various factors, including what was stolen. When juveniles are caught shoplifting, their legal penalties should be more focused on rehabilitation rather than blatant punishment; however, it is still possible for minors to go to jail for such a crime. Proactively addressing situations with juvenile shoplifting can help you achieve the best possible outcome.

If you or your child have been arrested for shoplifting in Arizona, contact the juvenile defense lawyers at JacksonWhite Law today. The talented criminal defense attorneys have substantial experience working with children and their families to minimize the potential repercussions of AZ juvenile shoplifting charges. Based on your unique situation, we can educate you on what the punishment is for juvenile theft and whether shoplifting as a minor will stay on your record.

Call the JacksonWhite Criminal Law team at (480) 467-4370 to schedule a free case review today to answer your questions.