Arizona theft penalties under A.R.S. 13-1802 scale by the dollar value of property taken. Theft under $1,000 is a Class 1 misdemeanor with up to 6 months jail. Theft of $1,000 to $1,999 jumps to a Class 6 felony with up to 2 years prison. The ladder continues through Class 5, 4, and 3 felonies at $2,000, $3,000, and $4,000 thresholds. At $25,000 or more the charge becomes a Class 2 felony, what prosecutors call aggravated theft, with sentences up to 12.5 years on a first offense. Mandatory restitution under A.R.S. 13-603 applies in every case. Repetitive offenders face enhanced ranges up to 35 years. Call (480) 582-3637 to evaluate your options.
Arizona Theft Penalty Ladder
Penalties under A.R.S. 13-1802(G) scale by the value of property taken. The class determines sentence ranges from A.R.S. 13-702 (first offense) and A.R.S. 13-703 (repetitive offenders).
| Value Taken | Classification | Sentence Range |
|---|---|---|
| Under $1,000 | Class 1 misdemeanor | Up to 6 months jail, $2,500 fine |
| $1,000 to $1,999 | Class 6 felony | 4 mo to 2 years prison |
| $2,000 to $2,999 | Class 5 felony | 6 mo to 2.5 years prison |
| $3,000 to $3,999 | Class 4 felony | 1 to 3.75 years prison |
| $4,000 to $24,999 | Class 3 felony | 2 to 8.75 years prison |
| $25,000 or more | Class 2 felony | 3 to 12.5 years prison |
Class 6 vs Class 5 vs Class 4 Theft
The lowest felony tier is Class 6 (theft of $1,000 to $1,999). On a first conviction the presumptive sentence is 1 year prison, with a range of 4 months to 2 years. A skilled theft lawyer can negotiate Class 6 charges down to a Class 1 misdemeanor at sentencing under A.R.S. 13-604, which avoids the felony record entirely.
Class 5 theft ($2,000 to $2,999) carries a presumptive 1.5 years prison. Class 4 theft ($3,000 to $3,999) carries 2.5 years presumptive. Both classes allow probation eligibility on a first offense.
Class 3 and Class 2 Felony Theft
Class 3 felony theft ($4,000 to $24,999) carries a presumptive 3.5 years prison. Class 2 felony theft (over $25,000) is what Arizona prosecutors call aggravated theft and carries a presumptive 5 years prison with a range up to 12.5 years on a first offense.
Both Class 3 and Class 2 theft expose defendants to mandatory prison if any aggravating factor applies, such as theft from a vulnerable adult, theft of a firearm, or use of an accomplice.
Mandatory Restitution and Civil Damages
Arizona courts must order restitution in every theft case under A.R.S. 13-603. Restitution covers the full market value of stolen property plus any reasonable consequential damages to the victim. Restitution survives bankruptcy and follows the defendant until paid in full.
Theft victims may also file a separate civil suit under A.R.S. 12-691 for treble damages (three times the value of property) plus attorney fees. The civil action is independent of any criminal conviction.
Aggravating Factors That Bump Penalties Higher
Defenses to Arizona Theft Charges
A strong defense often turns on intent or value. Theft requires intent to deprive permanently, so a good faith claim of right can defeat the charge. Value disputes can knock charges down a full tier when the prosecutor cannot prove the higher amount beyond a reasonable doubt.
Derek Oliverson has defended Arizona theft cases across all six classifications since 2009.
Frequently Asked Questions
In Arizona, theft becomes a felony at $1,000 under A.R.S. 13-1802(G). Below $1,000 is a Class 1 misdemeanor. From $1,000 to $1,999 is a Class 6 felony, the lowest felony tier. The classification increases at $2,000, $3,000, $4,000, and $25,000.
Arizona theft sentences range from probation on a first Class 6 felony to 12.5 years prison for a first Class 2 felony (over $25,000). Repetitive offenders face mandatory enhanced ranges under A.R.S. 13-703, which can reach 35 years for category three repetitive offenders convicted of a Class 2 felony.
No. Shoplifting is a separate statute under A.R.S. 13-1805 and is generally a Class 1 misdemeanor if under $1,000. Repeat shoplifting, organized retail theft, or shoplifting with a tool can be charged as a felony. Both statutes require intent to deprive the owner.
Yes. Arizona courts may designate a Class 6 felony as a Class 1 misdemeanor at sentencing under A.R.S. 13-604, called designation. The court considers the defendant’s record, restitution paid, and victim position. A skilled theft lawyer often makes designation a condition of the plea.
No. Restitution under A.R.S. 13-603 requires a conviction or guilty plea. An acquittal or dismissal ends the criminal restitution obligation. However the victim may still file a separate civil action under A.R.S. 12-691 for the value of stolen property plus treble damages, regardless of the criminal outcome.
A theft conviction is permanent unless sealed under A.R.S. 13-911. Eligible first-time non-violent felonies, including most theft offenses, may be sealed after the waiting period (10 years for Class 2 or 3, 5 years for Class 4 or 5, 3 years for Class 6) once all conditions are met.
Whether you are facing a Class 1 misdemeanor shoplifting charge or a Class 2 aggravated theft prosecution, the dollar amount and classification matter for every decision ahead. Derek Oliverson is a former judge and prosecutor with 17+ years defending Arizona theft cases.