(602) 307-0808

Call Now, Open 24/7

Excellent Google Reviews, Best Criminal Defense Lawyer in Phoenix, Arizona

Theft Attorney (ARS 13-1802)

Ranking Arizona Logo
Super Lawyers Logo
Avvo Logo
Excellent Google Reviews, Best Criminal Defense Lawyer in Phoenix, Arizona
Table of Contents

Theft Attorney (ARS 13-1802)

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024, 2025)

The Best Arizona Criminal Defense Lawyer - Ranking Arizona Logo- DM Cantor
DM Cantor, Best Criminal Defense, DUI and Sex Crimes Lawyer in Arizona

DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor

Over 165 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single law firm!

Plus an additional 400+ Theft / Fraud Crimes Pre-Indictment “Turn-Downs,” Dismissals, and Charge Reduction Theft / Fraud Crimes Victories!

Beware of Theft / Fraud Crimes Crimes Defense “Pretenders”:  Any law firm or Attorney can have DM Cantor’s Phoenix Theft / Fraud Crimes Attorney and Theft / Fraud Crimes Lawyer website information re-written by artificial intelligence (AI), and then they can post it online as their own “knowledge base.”  But they cannot falsely list our Jury Trial Complete Acquittals, or Board Certifications as their own.  Also, many Attorneys claim that they “Specialize” in defending Theft / Fraud Crimes charges or Criminal Defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

Board Certified Specialists | Top Phoenix Sex Conduct Lawyer

As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more.  When defending Theft Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century!  In addition, all Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Theft cases.

Every Major Felony Theft case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.

What is Theft in Arizona?

Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1802 “Theft” can occur in a variety of ways. Watch this short video where David explains Theft in Arizona:

 
Depending on the value of the property, theft can be classified as a simple misdemeanor all the way up to a class two (2) felony, and the severity of the punishments vary widely.
  1. When a person, without lawful authority, controls the property of another with the intent to deprive the other person of such property.
  2. When a person converts services or property of another without authorization or by means of any material misrepresentation (i.e., stolen cable).
  3. The defendant comes into control and appropriates to their own personal use lost, mislaid or misdelivered property of another person under circumstances providing means of inquiry as to the true owner , without reasonable efforts to notify the true owner.
  4. The defendant controls property of another knowing or having reason to know that the property was stolen. Theft can also be charged when the defendant obtains services known to the defendant to be available only for compensation and the defendant does not pay the compensation or make an agreement to pay.
  5. Theft also occurs when a person knowingly takes control, title, use or management of an incapacitated or vulnerable adult’s assets or property through intimidation or deception. Proof that a person took control, title, use or management of a vulnerable adult’s property without adequate consideration to the vulnerable adult may give rise to an inference that the person intended to deprive the vulnerable adult of the property.

Possible Charges and Punishments for Theft

Theft charges can cary a wide range of punishments. These sentences are based primarily on the value of the item(s) or services. Read the following types of punishments based on their dollar amount.

WARNING: If the value of the property or services exceeds $100,000, then probation is not available and the range is “prison only” from three (3) years to twelve and one half (12.5) years of incarceration.

If the Theft of property or services has a value which exceeds $25,000, then it can be charged as a class two (2) felony.

  • For a first offense class two (2) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail, or prison of three (3) years to twelve and one half (12.5) years of incarceration.
  • If the person has one (1) allegeable historical prior conviction, then the “prison only” range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison.
  • If the person has two (2) allegeable historical prior convictions, then the “prison only” range is ten and one half (10.5) to thirty-five (35) years of incarceration.

If the value of the property or services is $4,000 or more but less than $25,000, then the person can be charged with a class three (3) felony.

  • For a first offense class three (3) felony, punishment can be probation with zero (0) days to one (1) year in jail, or prison range of two (2) to eight and three quarters (8.75) years in prison.
  • If the person has one (1) allegeable historical prior conviction then the “prison only” range is three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration.
  • If the person has two (2) allegeable historical prior convictions, then the “prison only” range is seven and one half (7.5) years to twenty-five (25) years of incarceration.

If the value of the property or services is $3,000 or more but less than $4,000, then the person can be charged with a class four (4) felony (except that theft of any vehicle engine or transmission is a class 4 felony regardless of value).

  • For a first offense class four (4) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail, or prison of one (1) year to three and three quarters (3.75) years of incarceration.
  • If the person has one (1) allegeable historical prior conviction, then the “prison only” range is two and one quarter (2.25) to seven and one half (7.5) years of incarceration.
  • If the person has two (2) allegeable historical prior convictions, then the “prison only” range is six (6) to fifteen (15) years of incarceration.

If the value of the property or services is $2,000 or more but less than $3,000, then the person can be charged with a class five (5) felony.

  • A first offense punishment range for a class five (5) felony can be probation with zero (0) days up to one (1) year in jail, or prison of six (6) months to two and one half (2.5) years in custody.
  • If the person has one (1) historical allegeable prior felony conviction, then the “prison only” range is one (1) to three and three quarters (3.75) years of incarceration.
  • If the person has two (2) historical allegeable prior felony convictions then the “prison only” range is three (3) years to seven and one half (7.5) years of incarceration.

If the value of the property or services is $1,000 or more but less than $2,000, then the person can be charged with a class six (6) felony.

  • For a first offense a class six (6) felony, punishment can be probation with zero (0) days up to one (1) year in jail, or prison of four (4) months to two (2) years of incarceration.
  • If the person has one (1) historical allegeable prior felony conviction, then the “prison only” range is nine (9) months to two and three quarters (2.75) years in prison.
  • If the person has two (2) historical allegeable prior felony convictions, then the “prison only” range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.

If the value of the property or services is less than $1,000, then the person can be charged with a class one (1) misdemeanor (unless the property is taken from the person of another is a firearm, or is an animal taken for the purpose of animal fighting in which case the theft is a class 6 felony).

  • A class one (1) misdemeanor theft charge carries a possible range of punishment of probation with zero (0) days to six (6) months in jail.
  • In addition, a fine of $2,500.00 plus 84% surcharge can be added on, along with restitution.

Any fine imposed as punishment by the judge may be suspended and the defendant can be required to commit community service instead.


Possible Defenses for Theft Charges

One of the most often seen defenses to Theft is consent by the true owner to the defendant’s use or appropriation of the property or service. One typical situation that we have seen occurs in close relationships (roommates, boyfriend / girlfriend, fraternity houses, etc.) where a person grants permission to the defendant to use a piece of property, money, or a credit card, or to split some utility service, or has granted the permission in the past to the use. Then when the relationship goes bad, the true owner rescinds that permission without the knowledge of the defendant accuses the defendant of some type of Theft.

It is important to interview all parties involved and all witnesses to the habits and conversations of the parties to show that there was actually permission to the use by the defendant. Another way that the victim consented to the use by the defendant occurs when the defendant loans “the victim” money and tells him to “pay me back by the 15th, or I will hold on to X property until you pay me.” The “victim” accepts the exchange of the property as collateral for his debt, but when he cannot pay the defendant back, he claims that the defendant stole the property. It is important to interview all people who may have been witnesses to the “consent” in order to demonstrate to the prosecutor that this is not a true theft.

Another common defense to Theft is “Mistake of Fact”. This occurs when the defendant takes property they believe to belong to one person who has given the defendant permission, but in fact, the property belongs to an entirely different person. This often happens in a multiple roommates setting (such as dorm room or fraternity houses). Again, it is important to interview all parties involved to discover what actually occurred. Another typical mistake of fact situation is where the defendant is sold, given permission to borrow, or gifted an item, but the “seller/loaner/giver” either stole the item, or does not have lawful authority over the item; this was completely unknown to the defendant. Lastly, we have seen situations where a person is merely “borrowing” an item from a neighbor or acquaintance and this is misconstrued as an attempt to “deprive” the other person of their property. An obvious example is one neighbor borrowing their other neighbor’s lawnmower to use for a couple of hours.

A statutory defense to the charge of theft by taking control of a vulnerable person’s assets is that the property was given as a gift, consistent with a pattern of gift giving by the “victim” to the defendant, that existed before the adult became vulnerable.

Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what else you have been charged with, this could include exposing flawed procedures regarding fingerprints analysis; DNA testing; computer analysis/cloning hard drive procedures; forensic financial accounting reviews; etc..

One of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups, persuasive and misleading witness identification procedures, and inaccurate crime scene reconstruction. It is important to hire a skilled Theft lawyer to defend you who has knowledge of all the possible defenses to assert in your case.

The Best Phoenix Theft Law Team in Arizona

How do you know who has the best Theft Legal Defense Firm in Arizona?  You begin by looking at the team’s experience.  David Michael Cantor is a former Prosecutor, and a highly experienced Theft in Arizona Attorney who became a member of the Arizona State Bar in 1989.  David then began his Arizona legal practice as an Assistant City Prosecutor for the City of Phoenix.  Considered as one of the Top Theft Crime Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Theft Crime Defense Team, DM Cantor.

David is a highly-skilled Theft Defense Lawyer who knows the Theft laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Theft Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Theft overview as to how the DM Cantor Phoenix Theft Attorney Defense Team can prove your Innocence if you have been Falsely Accused of Theft. So whether you have a single Theft charge, or multiple charges, contact DM Cantor today!

In addition to Phoenix area experience, you next look to the Theft Defense Lawyer’s Results and Certifications.  In addition to David Cantor being a Board-Certified Criminal Law Specialist, his partner (Christine Whalin) is also a Certified Criminal Law Specialists as well.  No other Arizona Criminal Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor.  Click on the link below to see Questions to Ask when Interviewing a Theft Attorney to represent you in your Court case.

Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Certified Criminal Law Specialists in our office when consulting us regarding a Theft charge.

Click here… if you have not been charged with Theft yet, but the police are in the “pre-charge investigation stage” of your case.

Top Unlawful Flight from Police Lawyer

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Theft lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Theft Lawyers in Arizona know the system well.

The Collateral Consequences Of An Theft Conviction

The effects of a Theft conviction can be devastating.  Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant.  This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.

Click to see Comprehensive List and Explanation of Collateral Consequences regarding a Theft Conviction

Mitigation

When it comes to “Mitigation” regarding a charge of Theft, it is important to start that process right away.  Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file.  In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.”  The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.

Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background.  This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc.  Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences.  Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.

Click here to see Helpful Mitigation Information

Work with a DM Cantor Phoenix Theft Defense Lawyer Today For a Free Consultation

For a free consultation and free case evaluation with one of our Phoenix Theft Lawyers and Criminal Defense Lawyers, call our  24 hour Phoenix Theft Defense Lawyers Hotline  at  602-307-0808  , or click here for a free consultation on any criminal cases. Our aggressive Theft Lawyers always offer free consultations for an initial visit with our Phoenix Theft Defense Attorneys. We are often considered to be the “best Theft Defense Lawyer”.

DM Cantor, Best Criminal Defense Lawyer in Phoenix, Arizona
Free Initial Consultation
Open 24/7
Free Initial Consultation

Fill out the form below to receive a free and confidential initial consultation.

Learn how we helped 100 top brands gain success

Call Now Button