Receiving stolen property is charged under A.R.S. 13-1802(A)(5) and (G) when a person knowingly controls stolen property, knowing or having reason to know it was stolen. Penalties depend on the property’s value under subsections (G)(1) through (4): over $100,000 is class 2 felony, $25,000 to $100,000 class 3, $4,000 to under $25,000 class 4, and under $4,000 may be class 1 misdemeanor or felony depending on facts. Jail minimums can start at 6 months for some felonies, fines can reach $150,000, and restitution is common. No BAC applies, and there is no automatic license suspension. A second theft conviction can increase sentencing exposure. Contact a lawyer immediately today if police ask questions. See A.R.S. 13-1802 and a Phoenix criminal defense lawyer.
What is receiving stolen property in Arizona?
Receiving stolen property in Arizona is a theft offense under A.R.S. 13-1802 when a person knowingly controls property of another knowing or having reason to know it was stolen. The statute also covers conduct tied to theft by control, control of property, and other theft theories, so the State can charge the case based on possession and knowledge, not just the original taking.
In practice, the prosecutor will look at where the property came from, what the person said, whether the item was hidden or altered, and whether the circumstances suggested theft. The value of the item can affect the class of offense and the punishment exposure. You can review the statute here, A.R.S. 13-1802, and a Arizona criminal defense lawyer can help you respond early.
How does ARS 13-1802 treat controlling stolen property?
ARS 13-1802 treats controlling stolen property as theft when a person exercises control over property knowing it was stolen or having reason to know it was stolen. That means the State does not have to prove the accused stole the item originally, only that the person later controlled it with the required knowledge or reason to know.
Under the statute, the amount at issue can matter for charging and sentencing, and theft can be filed as a misdemeanor or felony depending on the facts. Arizona theft cases can also involve restitution and property-related evidence, such as text messages, sales records, pawn slips, and witness statements. The full statute is at A.R.S. 13-1802.
What defenses apply, including lack of knowledge?
A lack of knowledge defense is central in receiving stolen property cases, because the State must prove the accused knew or had reason to know the property was stolen. If the item was borrowed, bought in a normal transaction, received as a gift, or possessed without suspicious facts, the defense may argue the knowledge element is missing.
Other defenses can include mistaken identity, lawful ownership, consent, police or witness credibility problems, and an unlawful search or seizure. Evidence showing a fair purchase, a receipt, online messages, or a clean explanation for possession can matter. The defense team can also challenge the State’s proof under A.R.S. 13-1802 and narrow the charge before it becomes a felony record.
How do theft charges play out in local Arizona courts?
Theft charges in Arizona courts usually begin with a complaint, an arraignment, pretrial conferences, and evidence review, and the case may resolve by dismissal, diversion, plea, or trial. Local courts in Phoenix, Mesa, and Scottsdale see theft cases often, and the defense strategy depends on the facts, the value of the property, and the available proof.
Oliverson Law has offices in Tempe, Gilbert, Phoenix, and Kingman and represents clients in the courts near each. If your case is filed in or near the Valley, a Mesa criminal defense lawyer, Scottsdale criminal defense lawyer, or Glendale criminal defense lawyer can help you understand deadlines, hearings, and evidence.
When should you call a theft defense lawyer?
You should call a theft defense lawyer as soon as police contact you, a detective leaves a card, or you learn you are being accused of receiving stolen property in Arizona. Early representation can help protect your statement, preserve proof of ownership or purchase, and reduce the chance that a misunderstanding becomes a criminal filing under A.R.S. 13-1802.
Oliverson Law handles receiving stolen property arizona cases as part of its broader criminal defense practice, including Arizona DUI lawyer matters, Arizona drug crimes attorney cases, and Arizona assault lawyer defense. If you have been charged or think you may be, use the contact Oliverson Law page now.
What are the key Arizona theft statutes and agencies?
The key Arizona theft statute for receiving stolen property is A.R.S. 13-1802, and the main agencies involved are local police departments, county prosecutors, the Arizona Courts, and the State Bar of Arizona for lawyer regulation and discipline. These agencies affect charging, court procedure, and how the defense case is handled from start to finish.
Review the law at A.R.S. 13-1802, court resources at Arizona Courts, and attorney information at State Bar of Arizona. Related defense services often overlap with Arizona criminal defense lawyer and Arizona weapons charges lawyer matters when the facts expand beyond theft.
Frequently Asked Questions
It can be. Under A.R.S. 13-1802, the charge level depends on the value and facts, so some theft cases are misdemeanors and others are felonies. The prosecutor still has to prove knowledge or reason to know the property was stolen.
No. Arizona can prosecute a person for later controlling stolen property if the State proves the person knew or had reason to know it was stolen. The original thief and the receiver can be charged separately.
Receipts, texts, online listings, payment records, witness statements, and proof of lawful ownership can all help. The defense may also challenge how police found the item or whether the circumstances really showed knowledge.
Yes, depending on the evidence. A defense lawyer may argue lack of knowledge, lawful possession, mistaken identity, or constitutional problems with the search or seizure. Some cases can be resolved before trial.
Usually no. Anything you say can be used to argue that you knew the property was stolen. It is safer to speak with a criminal defense lawyer first and decide how to respond.
If police are asking about stolen property, call Oliverson Law before you make a statement. Fast action can protect your defense and your record.
