{"id":12337,"date":"2014-10-23T11:26:36","date_gmt":"2014-10-23T18:26:36","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?page_id=12337"},"modified":"2023-02-16T13:55:19","modified_gmt":"2023-02-16T20:55:19","slug":"shoplifting-walmart-consequences","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/shoplifting-walmart-consequences\/","title":{"rendered":"Consequences of Shoplifting at an Arizona Walmart"},"content":{"rendered":"
Shoplifting can carry some stiff penalties in the state of Arizona.<\/p>\n
What\u2019re the consequences of stealing from a major department store? Is it worse than stealing from a local market? These are questions that seem to be on a lot of people\u2019s minds after they\u2019re caught shoplifting from any major retailer like Walmart.<\/p>\n
Individuals assume they can get away with theft because of the sheer size of the establishment.<\/p>\n
These massive buildings like Walmart, Target, and Sears seem to be more at risk for petty theft than their smaller mom and pop counterparts.<\/p>\n
In an AZ Central<\/a> article from 2007, it was estimated that Walmart loses $3 billion a year from theft.\u00a0Since then, Walmart has put more security staff into stores in high crime areas, and fewer in low incident areas.<\/p>\n Shoplifting<\/a> is one of the most common crimes committed in Arizona.<\/p>\n It\u2019s defined as:<\/p>\n Simply put, an individual commits shoplifting if they knowingly take goods from another person.<\/p>\n In Arizona, shoplifting can be considered a misdemeanor or felony offense. Here’s a look at the penalties and consequences for each type of theft.<\/p>\n According to A.R.S. 13-1805<\/a>, any stolen property under $1,000 is a misdemeanor.<\/p>\n Unless the person steals a firearm, regardless of value, that\u2019s automatically a class 6 felony.<\/p>\n For misdemeanors, first time offenders may be able to attend diversion classes or do community service in order to avoid penalties if the case is minor enough.<\/p>\n A more serious class 1 misdemeanor could mean anywhere from zero to sixty days in jail and fines of up to $2,500.<\/p>\n Shoplifting any property between $1,000 and $2,000 is a class 6 felony, and anything over $2000 is a Class 5 felony.<\/p>\n Consequences will depend on the severity of the situation, but defendants can expect anywhere from 4 months to 2 years in prison for their first conviction.<\/p>\n If this is your 2nd<\/sup> of 3rd<\/sup> felony you can expect several years in prison.<\/p>\n There are three popular defenses against shoplifting charges: lack of intent, lack of knowledge, and Miranda rights violations.<\/p>\n To be convicted of shoplifting charges, a defendant must have acted with the intent to shoplift. Proving that you unintentionally shoplifted \u2014 perhaps by thoughtlessly placing an item in your pocket while your hands were full, or accidentally leaving the store without paying for an item \u2014 would therefore be a valid defense.<\/p>\n There are a number of ways to prove lack of intent, such as:<\/p>\n The lack of knowledge defense is often used in cases where the price tag on the shoplifted item is swapped for a tag from a less expensive item. As long as someone else switched the price tags without your knowledge and you didn\u2019t intend to shoplift, you\u2019re innocent.<\/p>\n Another example is when professional shoplifters secretly place a product in another shopper\u2019s pocket, then try to pick-pocket the shopper outside the store to retrieve the item. Obviously the person who unknowingly acted as a \u201cmule\u201d didn\u2019t have the intent to steal, and would be innocent of the shoplifting charges.<\/p>\n Many attorneys like to combine one of the previously mentioned shoplifting defenses with a Miranda rights violation to further strengthen the case.<\/p>\n Common examples of Miranda rights violations include coercing a confession, refusing to let the defendant call an attorney, challenging the validity of an unlawful search, and failure to advise a defendant of their Miranda rights.<\/p>\n Shoplifting is a very common offense in Arizona, but that doesn’t mean it\u2019s easy to deal with the repercussions.<\/p>\n Over the years, we’ve helped hundreds of shoplifting clients and many of our clients have had their shoplifting convictions expunged\u00a0<\/a>or set aside.<\/b><\/p>\n We approach shoplifting defense by fully exploring all legal angles available for your case and then choose the best options that will make it more likely to receive a favorable outcome.<\/p>\n We’ve helped clients get cases dismissed or receive lessened penalties over and over again with our aggressive and effective approach to defense.<\/p>\nDefining Shoplifting in Arizona<\/h2>\n
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Shoplifting Consequences<\/h2>\n
Misdemeanor Shoplifting Penalties<\/h3>\n
First Time Offenses<\/h3>\n
Felony Shoplifting Penalties<\/h3>\n
Possible Defenses For Shoplifting<\/h2>\n
Lack Of Intent Defense<\/h3>\n
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Lack Of Knowledge Defense<\/h3>\n
Miranda Rights Violations<\/h3>\n
Are You Facing Shoplifting Charges?<\/h3>\n