 Hi, I'm David Cantor with the law offices of David Michael Cantor and today I'm going to talk about theft in Arizona now under Arizona revised statute 13-1802 theft is defined as controlling the property of another with intent due to privy Also, you can convert services without authorization or with material misrepresentation. What does that mean stolen cable? You're in a cab and you run away without paying dine and dash at a restaurant things of that nature Non-return of a rental car although sometimes that's called theft of means of transportation also Control of lost property meaning you find money or property without reasonable efforts to notify the owner Control of stolen property with reasons to know it was stolen just because your buddy Buddy gives it to you if you have a reason to know it was stolen You may want to ask some questions and lastly is controlling the property of a vulnerable adult by intimidation Deception or without adequate consideration. What does that mean? Somebody who's mentally incapacitated or an older adult you get them to write you checks or you have them quote-unquote? Loan you their car for years on end things of that nature now punishment if you have no prior felony convictions There are six or seven different levels of punishment first of all if the property is a hundred thousand dollars or more That was stolen you're looking at three to twelve point five years in prison if it's twenty five thousand to ninety nine thousand nine hundred and ninety nine dollars You're looking at probation up to twelve and a half years in prison Four thousand to twenty five thousand you're looking at eight and eight point seven five years in prison anywhere from probation eight point seven five Three to four thousand probation to three point seven five years two to three thousand probation to two and a half years one to $2,000, you're looking at probation to two years in prison. Now something that was stolen is less than $1,000, then you're looking at probation to six months in jail. What does probation mean? Well under probation a judge can say I'm not going to send you to prison, instead I'm going to give you probation and they'll give you some conditions of probation. But as a condition he can also sentence you to one year of jail, anywhere from one day in jail up to one year in jail. So still some serious consequences if you're convicted of theft. Now in regards to defenses the most common defense is consent. What this means is you have a close relationship with a girlfriend, boyfriend, a roommate, husband, wife and the relationship goes bad. Then suddenly it becomes my roommate stole from me or my girlfriend stole from me. Also many times there's loans of collateral like hey if you give me a loan roommate I'll give you this, I'll give you this iPhone is collateral. Well it turns out the iPhone's stolen and you didn't know that. And that's the next defense, mistake of fact or lack of knowledge. For example in fraternity houses we see this a lot. It's where somebody in a fraternity house says hey you can go ahead and use this no problem or a neighbor says go ahead and use this or in dorm rooms and it turns out they didn't have permission from the guy who actually owned the property. So that is a defense. Pattern of pass giving. If you're accused of defrauding a vulnerable adult if we can show that in the past you've been given money or valuables for being a caregiver and it's reasonable then you're gonna have a defense. Standard defenses that we see in all sorts of cases are Miranda rights, coerced confessions, denial of right to counsel. You say officer I want to talk to my lawyer and they keep pressing you for statements. Suggestive witness interviews where the officers press other witnesses to make claims against you and just plain sloppy police reporting. We use all of these as defenses. So if you or a loved one has been charged with theft in Arizona you're gonna need a lawyer who knows what they're doing. We have four certified criminal law specialists on staff. We'd love to help you out so give us a call or go to dmcanner.com and fill out a form and we'll contact you back immediately.