Aggravated theft in Arizona is theft of property or services valued at $25,000 or more, classified as a Class 2 felony under A.R.S. 13-1802(G). A Class 2 felony carries a sentence of 3 to 12.5 years in prison for a first offense under A.R.S. 13-702, with a presumptive term of 5 years. Theft is graded by the value of the property taken: less than $1,000 is a Class 1 misdemeanor, $1,000 to $1,999.99 is a Class 6 felony, $2,000 to $2,999.99 is Class 5, $3,000 to $3,999.99 is Class 4, $4,000 to $24,999.99 is Class 3, and $25,000 or more is the Class 2 aggravated theft tier. Theft from a person, theft of a firearm, and theft involving aggravating circumstances elevate the charge regardless of value. Call Oliverson Law DUI & Criminal Defense at (480) 582-3637 for a free consultation with a former judge and prosecutor.
What Counts as Aggravated Theft Under Arizona Law
Theft in Arizona is defined under A.R.S. 13-1802. A person commits theft if, without lawful authority, they knowingly control property of another with intent to deprive the owner of it. The statute also covers obtaining property by means of a material misrepresentation, coming into control of misdelivered property, and certain forms of services theft.
The term “aggravated theft” is used informally to describe the most serious felony tier of theft offenses. Under A.R.S. 13-1802(G)(1), theft of property or services with a value of $25,000 or more is a Class 2 felony, the highest non-capital felony classification in Arizona. This is the category most people mean when they say “aggravated theft.”
Theft is also elevated to a more serious felony class regardless of value in certain circumstances under A.R.S. 13-1802(B): theft of a firearm is a Class 6 felony, theft of an animal taken for sport or commercial gain is a Class 6 felony, and theft from the person of another (pickpocketing) is a Class 4 felony.
The statute defines “control” broadly to include physical possession, the right to use, and the ability to direct disposition of property. “Property of another” includes anything of value owned or in possession of someone other than the defendant. “Services” includes labor, professional services, public utility services, accommodation, and transportation.
What Are the Theft Value Thresholds in Arizona
Arizona theft is graded by the value of the property or services taken under A.R.S. 13-1802(G). The classification determines the felony class, sentencing range, and probation eligibility.
| Value of Property/Services | Classification | Sentencing Range (first offense, ARS 13-702) | Presumptive Term |
|---|---|---|---|
| Less than $1,000 | Class 1 misdemeanor | Up to 6 months jail, $2,500 fine | 30 to 90 days |
| $1,000 to $1,999.99 | Class 6 felony | 4 months to 2 years prison | 1 year |
| $2,000 to $2,999.99 | Class 5 felony | 6 months to 2.5 years | 1.5 years |
| $3,000 to $3,999.99 | Class 4 felony | 1 to 3.75 years | 2.5 years |
| $4,000 to $24,999.99 | Class 3 felony | 2 to 8.75 years | 3.5 years |
| $25,000 or more | Class 2 felony (aggravated) | 3 to 12.5 years | 5 years |
The state has the burden of proving the value of the property beyond a reasonable doubt. Property value is determined at the time of the offense based on fair market value under A.R.S. 13-1801. If property has no readily ascertainable market value, value can be based on replacement cost, original cost, or expert appraisal.
Aggregation of theft amounts is allowed under A.R.S. 13-1802(C). If a defendant takes property from the same victim over time as part of a continuing course of conduct, the values can be added together to reach a higher felony threshold. This rule applies often in employee theft and embezzlement cases.
How Long Is the Prison Sentence for Aggravated Theft
Aggravated theft (Class 2 felony) sentencing is governed by A.R.S. 13-702 for first-time offenders and A.R.S. 13-703 for repeat offenders.
| Offense Level | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| First offense (Class 2) | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| Second offense (1 prior felony) | 4.5 years | 6 years | 9.25 years | 13 years | 18.5 years |
| Third offense (2+ priors) | 10.5 years | 14 years | 15.75 years | 28 years | 35 years |
The court starts at the presumptive 5-year term and adjusts based on aggravating factors under A.R.S. 13-701(D) (such as planning, sophistication, victim impact, breach of trust) or mitigating factors under A.R.S. 13-701(E) (such as restitution made, cooperation, mental health). Two or more aggravators generally push the sentence above presumptive.
Probation is available for first-offense Class 2 theft under A.R.S. 13-901, but only if the court finds substantial mitigating circumstances. Most aggravated theft convictions in the multi-tens-of-thousands range result in prison, especially when the theft involves planning, breach of fiduciary duty, or vulnerable victims.
Restitution to the victim is mandatory under A.R.S. 13-804. The court orders the defendant to pay the full economic loss to the victim, separate from any fines imposed. Restitution survives discharge in bankruptcy and continues as a civil judgment after the criminal sentence ends.
What Other Factors Make Theft Aggravated in Arizona
Beyond the $25,000 value threshold, theft can be elevated to a more serious felony class through specific aggravating circumstances under A.R.S. 13-1802(B), A.R.S. 13-1804 (theft by extortion), and A.R.S. 13-1814 (theft of means of transportation).
Theft from a person (pickpocketing) under A.R.S. 13-1802(B) is a Class 4 felony regardless of property value, because the offense involves physical proximity to a victim. The classification reflects the additional risk and trauma to the victim.
Theft of a firearm under A.R.S. 13-1802(B) is a Class 6 felony regardless of value, with potential federal prosecution under 18 U.S.C. 922 if interstate transportation is involved. Firearm theft also triggers sentence enhancements under federal sentencing guidelines.
Theft by extortion under A.R.S. 13-1804 is a Class 4 felony when accomplished by causing or threatening physical harm to person, property, or reputation. The value threshold does not apply when threats are used.
Theft of means of transportation under A.R.S. 13-1814 (auto theft) is a Class 3 felony regardless of the vehicle’s value. This is a separate statute from general theft because vehicle theft creates additional public safety concerns.
Organized retail theft under A.R.S. 13-1819 applies when theft is committed as part of a planned or organized scheme. The classification is one level higher than the property-value tier would otherwise require, and aggregation rules apply across multiple incidents.
Vulnerable adult exploitation under A.R.S. 13-1802(I) elevates theft from a vulnerable adult (elderly, incapacitated, dependent) to one class higher than the standard property-value tier.
What Defenses Can Challenge an Aggravated Theft Charge
Aggravated theft is a fact-intensive offense and presents several recurring defense opportunities. The strongest defenses attack one of the three elements the state must prove: knowing control, intent to deprive, or value.
Challenge the Value
The state must prove the property value beyond a reasonable doubt. Defense can dispute appraisals, challenge depreciation calculations, contest replacement cost evidence, or hire an independent expert. Reducing the value below $25,000 drops the charge from Class 2 to Class 3. Below $4,000 drops it to Class 4 with much lower exposure.
Attack the Intent Element
A.R.S. 13-1802 requires “intent to deprive.” A defendant who took property believing they had a right to it (legitimate dispute over ownership, mistaken belief, lawful claim), or who intended to return it, may have a complete defense. Civil disputes mistakenly charged as theft are a common defense path.
Suppress Illegally Obtained Evidence
Many theft cases begin with a search of a residence, vehicle, or workplace. Fourth Amendment challenges to the search warrant, scope of consent, or warrantless entry can result in suppression. A successful suppression often collapses the prosecution.
Dispute Aggregation
When the state aggregates multiple smaller thefts to reach a higher felony class under A.R.S. 13-1802(C), the defense can challenge whether the alleged acts constituted a “continuing course of conduct” or were separate incidents. Breaking the aggregation can drop charges from felony to misdemeanor.
Negotiate Restitution and Diversion
For first-time offenders with no violence, courts often allow felony pretrial intervention, deferred prosecution, or restitution-based dispositions that result in dismissal upon completion. Restitution paid before charging or at the earliest stage can significantly improve plea outcomes.
Assert Statutory Defenses
The marital exception, joint property defenses, and the bona fide claim of right (good faith belief in ownership) are codified defenses that apply in specific theft situations.
Theft cases benefit from early intervention. A defense lawyer engaged before charging often negotiates a reduced charge or pretrial diversion that avoids felony conviction entirely. Once the case is filed, the focus shifts to evidence challenges and plea negotiations.
Which Arizona Court Hears Your Aggravated Theft Case
Felony theft cases are filed in the Superior Court for the county where the offense occurred. Each county has its own prosecutor, court procedures, and judicial assignment patterns. Misdemeanor theft (under $1,000) is typically filed in municipal or justice court.
| County | Superior Court Address | Prosecutor |
|---|---|---|
| Maricopa (Phoenix) | 201 W Jefferson Street, Phoenix, AZ 85003 | Maricopa County Attorney |
| Pima (Tucson) | 110 W Congress Street, Tucson, AZ 85701 | Pima County Attorney |
| Coconino (Flagstaff) | 200 N San Francisco Street, Flagstaff, AZ 86001 | Coconino County Attorney |
| Yavapai (Prescott) | 120 S Cortez Street, Prescott, AZ 86303 | Yavapai County Attorney |
| Mohave (Kingman) | 401 E Spring Street, Kingman, AZ 86401 | Mohave County Attorney |
| Pinal (Florence) | 971 N Jason Lopez Circle, Florence, AZ 85132 | Pinal County Attorney |
After arrest, the initial appearance happens within 24 hours and is where bond is set. The state has 10 days to file a complaint and either proceed to preliminary hearing or present the case to a grand jury for indictment. From indictment, the case proceeds through arraignment, discovery, motion practice, and either plea negotiation or trial.
Federal jurisdiction can apply to theft cases involving federal property, interstate transportation of stolen goods over $5,000 (18 U.S.C. 2314), mail theft, or theft from federally regulated entities like banks. Federal sentencing guidelines apply and tend to be more severe than state sentencing for the same dollar amount.
Frequently Asked Questions
Yes. Aggravated theft, defined as theft of property or services valued at $25,000 or more under A.R.S. 13-1802(G)(1), is a Class 2 felony in Arizona. The first-offense sentencing range under A.R.S. 13-702 is 3 to 12.5 years in prison, with a presumptive term of 5 years. Probation is possible but uncommon at the Class 2 level.
The threshold for the Class 2 felony tier (aggravated theft) is $25,000 or more in property value under A.R.S. 13-1802(G)(1). Below that, theft of $4,000 to $24,999.99 is a Class 3 felony, $3,000 to $3,999.99 is Class 4, $2,000 to $2,999.99 is Class 5, $1,000 to $1,999.99 is Class 6, and less than $1,000 is a Class 1 misdemeanor.
Under A.R.S. 13-702, a first-offense Class 2 felony (aggravated theft) carries 3 to 12.5 years in the Arizona Department of Corrections, with a presumptive term of 5 years. Repeat offenders sentenced under A.R.S. 13-703 face 4.5 to 23.25 years for a second conviction and 10.5 to 35 years for a third. Restitution to the victim is mandatory under A.R.S. 13-804.
Theft and aggravated theft are both governed by A.R.S. 13-1802. The difference is the value of the property and the classification: aggravated theft refers to the Class 2 felony tier at $25,000 or more, while general theft includes the lower tiers from Class 1 misdemeanor (under $1,000) up through Class 3 felony ($4,000 to $24,999.99). Both have the same legal elements but different sentencing exposure.
Yes. Common reduction paths include disputing the property value (drop from Class 2 to Class 3 by reducing value below $25,000), challenging the intent element, suppressing illegally obtained evidence, and negotiating a plea to a lower felony class. Pretrial restitution and felony pretrial intervention programs can also lead to reduction or dismissal for first-time offenders.
Theft of a firearm is treated as a Class 6 felony under A.R.S. 13-1802(B) regardless of the firearm’s value. While not technically “aggravated theft” in the $25,000 sense, it is a separate category of elevated theft offense because of public safety concerns. Federal charges may also apply if the theft involves interstate transportation or federally regulated firearms.
If you are facing aggravated theft charges in Arizona, the difference between Class 2 and a lesser tier often turns on contested value and intent. Derek Oliverson is a former judge, former prosecutor, and former police officer with experience defending Arizona theft cases.