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  1. #1

    Default 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.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Shop Lifting

    Was he charged on the first crime?

    There are two ways shoplifting in Arizona can be elevated to a felony. One is the "continuing criminal enterprise" aspect that counts if they catch him shoplifting THREE DIFFERENT TIMES within the same ninety day periods.

    The other way is to have been previously committed or convicted of two more shoplifting, burglaries, etc... within the past five years.

    So in either case, it takes THREE charges to make it a felony based on these enhancements.

    If he was being charged with a felony, he'd get more than a "citation."

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: Shop Lifting

    Quote Quoting flyingron
    View Post
    Was he charged on the first crime?

    There are two ways shoplifting in Arizona can be elevated to a felony. One is the "continuing criminal enterprise" aspect that counts if they catch him shoplifting THREE DIFFERENT TIMES within the same ninety day periods.

    The other way is to have been previously committed or convicted of two more shoplifting, burglaries, etc... within the past five years.

    So in either case, it takes THREE charges to make it a felony based on these enhancements.
    There's one more way.

    ARS 13-1805 I. A person who in the course of shoplifting uses an artifice, instrument, container, device or other article with the intent to facilitate shoplifting or who commits shoplifting and who has previously committed or been convicted within the past five years of two or more offenses involving burglary, shoplifting, robbery, organized retail theft or theft is guilty of a class 4 felony.

    https://www.azleg.gov/ars/13/01805.htm

    I wasn't quite sure what the bolded phrase meant until a found a case where a conviction was upheld under that phrase because the defendant had emptied a box from a low priced item and then filled it with more expensive items, intending to pay for just the low price item.

    https://scholar.google.com/scholar_c...=en&as_sdt=4,3

    I wonder if stuffing items into one's purse or backpack would also be prosecuted as a Class 4 felony.

    Quote Quoting Tpatzo2018
    View Post
    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.
    Nobody suggested this in your last post about Walmart but this time I suggest you dump your bf and find somebody to hang with who is not a criminal. He's only going to end up bringing you down with him.

  4. #4
    Join Date
    May 2017
    Location
    Florida
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    355

    Default Re: Shop Lifting

    At his court appearance the judge will formally inform him of the charge against him. The judge should inform him of his right to a lawyer, and appoint one if he can't afford one and wants one. He might be given an offer by the prosecutor to resolve the case at arraignment, although not all jurisdictions afford that option. He will also have the opportunity to enter a not guilty plea. If he does that he will be given another court date for a pre-trial conference where he may also enter a plea or perhaps, if the jurisdiction has one (and he has no other criminal history), enter a pre-trial diversion program.

    He needs a lawyer. Theft is a crime of dishonesty that can have bad unexpected consequences for life. It sounds like he's trying to ruin his life by stealing.

  5. #5

    Default 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.

    Quote Quoting Tpatzo2018
    View Post
    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.

  6. #6
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    Default Re: When Does Repeat Offense Shoplifting Result in Felony Charges

    Quote Quoting Tpatzo2018
    View Post
    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.

  7. #7
    Join Date
    May 2017
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    Florida
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    Default 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.

  8. #8

    Default 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.

    Quote Quoting Tpatzo2018
    View Post
    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?

  9. #9
    Join Date
    Oct 2016
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    4,301

    Default 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.

  10. #10

    Default Re: When Does Repeat Offense Shoplifting Result in Felony Charges

    I agree he got very lucky he didn't last time get charged with this

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