When Does Repeat Offense Shoplifting Result in Felony Charges
My question involves criminal law for the state of: Arizona
My dumb ass bf got caught shop lifting his 2nd time within a month id say. First time was at Walmart that question was posted in this forum.. This time he got caught with $90 at Safeway. Sense the amount was so high Safeway called the police on him. He was cited and released. He has a court date on the 26th of March.
I've been digging around the internet it states a 3rd shop lifting charge within a 5 year period turns into a felony. Other websites it states the 2nd shop lifting charge can be a felony 4.
What will happen at his court date. His first shop lifting charge he got dismissed. He got very lucky. I don't think his 2nd shop lifting charge they will be so nice.
Re: When Does Repeat Offense Shoplifting Result in Felony Charges
His first time shop lifting he plead guilty. Served 1 day in jail. Time served. That's the problem he brings in with him bags with him. Not like a back pack or purse but like a Walmart bag or something. So yes I worry about that to. That's a f4 felony to. I'm now noticing it's 3 times in 5 years that the f4 felony strikes. (the 3rd time turns into a felony)I warned him next time he gets caught he will get a felony.
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Tpatzo2018
His first time shop lifting he plead guilty. Served 1 day in jail. Time served. That's the problem he brings bags with him. Not like a back pack or purse but like a Walmart bag or something. So yes I worry about that to. That's a f4 felony to. I'm now noticing it's 3 times in 5 years that the f4 felony strikes. (the 3rd time turns into a felony)I warned him next time he gets caught he will get a felony.
I feel this time though on his 2nd affense he will get some probation or jail time. He will plead guilty in court. They caught him. He had no money on him.
Re: When Does Repeat Offense Shoplifting Result in Felony Charges
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Tpatzo2018
That's the problem he brings in with him bags with him. Not like a back pack or purse but like a Walmart bag or something.
The way I read the statute, if he brought in a bag then it's Class 4 felony regardless of how few priors he has.
Re: When Does Repeat Offense Shoplifting Result in Felony Charges
It won't necessarily be charged that way, but it could be. But regardless, if not this time it is definitely coming.
In my jurisdiction after two adjudications for petit theft it can be charged as a felony. I always do that unless it is a case of a homeless person stealing food, or something similar. Most prosecutors I know don't particularly like repeat thieves.
Re: When Does Repeat Offense Shoplifting Result in Felony Charges
I agree with u on this. He got lucky his first time he didn't get charged with a f4 felony. I believe he had some kinda bag on him this time to. So possibly he could get nailed with a f4 and a mistermeanor 1. Wouldnt u think if he got caught with the bag they would of took him into jail. They just cited and released him. Or still could they do that? He's only going to regular court not superior court. Felony charges go to superior court. U would also think they would note that on his sitation or his police paper work. They just stated shop lifting. Oh no he's done shop lifting now cause he knows his 3rd charge is a felony 4. That's a year in prison or more.
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Quoting
Tpatzo2018
I agree with u on this. He got lucky his first time he didn't get charged with a f4 felony. I believe he had some kinda bag on him that time to. So possibly he could get nailed with a f4 & a mistermeanor 1.
Wouldnt u think if he got caught with the bag they would of took him into jail. They just cited and released him. Or still could they do that? He's only going to regular court not superior court. Felony charges go to superior court. U would also think they would note that on his sitation or his police paper work. They just stated shop lifting.
Oh no he's done shop lifting now cause he knows his 3rd charge is a felony 4. That's a year in prison or more.
I also have another question to what happens if he don't pay the store back? They gave him some sorta paper to sign stating he wouldn't return back into the store and some kinda fine what happens if he don't pay that?
Re: When Does Repeat Offense Shoplifting Result in Felony Charges
If he returns to the store he could be charged with trespassing. If he fails to pay he could be sued in civil court.
Re: When Does Repeat Offense Shoplifting Result in Felony Charges
I'm not paying it for him that's for sure. I think he will end up getting some jail time and fines, probation and piss tests and the full 9 yards with this 2nd shop lifting charge he thinks he's going to skate on this one to.