The difference between theft and aggravated theft in Arizona is the value of the property taken and the resulting felony class, both defined under A.R.S. 13-1802. General theft covers all unauthorized control of property of another with intent to deprive, with charges scaling from a Class 1 misdemeanor (under $1,000) up through a Class 3 felony ($4,000 to $24,999.99). Aggravated theft refers specifically to the Class 2 felony tier at $25,000 or more under A.R.S. 13-1802(G)(1), the same legal elements but the highest sentencing exposure: 3 to 12.5 years in prison for a first offense under A.R.S. 13-702. Other forms of elevated theft (firearm theft, theft from person, organized retail theft) are also handled under A.R.S. 13-1802 with their own classifications. Call Oliverson Law DUI & Criminal Defense at (480) 582-3637 for a free consultation.
Are Theft and Aggravated Theft the Same Statute in Arizona
Yes. Both theft and aggravated theft are prosecuted under A.R.S. 13-1802. The statute defines a single offense (theft) and then grades it by value into seven different classes ranging from a petty offense or Class 1 misdemeanor up to a Class 2 felony, which is sometimes called “aggravated theft” in conversational use.
The legal elements are identical across all classifications. To convict on any theft charge, the state must prove that the defendant: (1) knowingly controlled the property of another, (2) without lawful authority, (3) with intent to deprive the owner of the property. The classification difference is purely about the value of the property taken and the resulting sentencing exposure.
The term “aggravated theft” is not a statutorily defined separate offense in Arizona. It is shorthand for the highest tier of theft (Class 2 felony, $25,000+). Arizona’s criminal code uses “aggravated” formally in other contexts (aggravated assault under A.R.S. 13-1204, aggravated DUI under A.R.S. 28-1383) where the statute creates a distinct offense with different elements. Theft does not work that way; the elements stay the same and only the class changes.
This matters in court because the indictment, jury instruction, and plea negotiation all refer to A.R.S. 13-1802 with the specific class subsection. A “theft” case at $30,000 is technically a “theft Class 2 felony” under A.R.S. 13-1802(G)(1), not a separate aggravated-theft prosecution.
How Does Property Value Determine the Theft Charge
The value of the property or services taken is the primary factor that determines whether a theft case is a misdemeanor or felony, and which felony class applies. The tiers are set out in A.R.S. 13-1802(G).
| Value of Property/Services | Classification | Common Description |
|---|---|---|
| Less than $1,000 | Class 1 misdemeanor | Petty theft / shoplifting |
| $1,000 to $1,999.99 | Class 6 felony | Lowest-tier felony theft |
| $2,000 to $2,999.99 | Class 5 felony | Mid-low felony theft |
| $3,000 to $3,999.99 | Class 4 felony | Mid-tier felony theft |
| $4,000 to $24,999.99 | Class 3 felony | Significant felony theft |
| $25,000 or more | Class 2 felony | Aggravated theft |
Property value is measured at the time of the offense based on fair market value. If property has no readily ascertainable market value, value is based on replacement cost, original cost, or expert appraisal. For services theft (such as labor or utilities), value is the contract price or the cost the victim would have charged for the service.
Aggregation rules under A.R.S. 13-1802(C) allow the state to combine the values of multiple theft acts from the same victim into a single charge if the acts are part of a continuing course of conduct. This rule converts what would be several misdemeanor incidents into a single felony charge — a common pattern in embezzlement, employee theft, and organized retail theft cases.
What Is the Felony Class Difference Between Theft Tiers
The class difference between theft tiers determines whether the case is heard in city or justice court vs Superior Court, the sentencing range available, whether probation is automatically available, and the lasting impact on the defendant’s record.
A Class 1 misdemeanor theft (under $1,000) is filed in municipal or justice court. Maximum sentence is 6 months in county jail and a $2,500 fine. First-time offenders almost always receive probation, fines, and community service rather than jail.
A Class 6 felony theft ($1,000 to $1,999.99) is filed in Superior Court. Maximum sentence is 2 years in prison, but the court can designate the offense as a Class 1 misdemeanor at sentencing under A.R.S. 13-604 if the defendant has no prior felony convictions. This is sometimes called a “wobbler” disposition.
A Class 3 felony theft ($4,000 to $24,999.99) carries a first-offense range of 2 to 8.75 years with a presumptive term of 3.5 years. Probation is available but not guaranteed; the court typically requires significant mitigating circumstances or pretrial restitution.
A Class 2 felony theft ($25,000 or more, “aggravated theft”) carries the highest non-capital sentencing range: 3 to 12.5 years for a first offense under A.R.S. 13-702 with a presumptive term of 5 years. Probation is technically available but rare at this level.
The classification also affects record sealing eligibility under A.R.S. 13-911. A Class 1 misdemeanor can be sealed after 3 years; a Class 6 felony after 5 years; a Class 2 or 3 felony after 10 years. The lower the classification, the sooner the conviction can be sealed from public records.
How Different Are the Sentences for Theft vs Aggravated Theft
Sentencing differences across theft tiers are substantial. The table below shows first-offense sentencing under A.R.S. 13-702.
| Theft Tier | Class | Mitigated | Presumptive | Maximum |
|---|---|---|---|---|
| Under $1,000 | Class 1 misdemeanor | Probation | Probation typical | 6 months jail |
| $1,000 to $1,999.99 | Class 6 felony | 4 months | 1 year | 2 years |
| $2,000 to $2,999.99 | Class 5 felony | 6 months | 1.5 years | 2.5 years |
| $3,000 to $3,999.99 | Class 4 felony | 1 year | 2.5 years | 3.75 years |
| $4,000 to $24,999.99 | Class 3 felony | 2 years | 3.5 years | 8.75 years |
| $25,000+ (aggravated) | Class 2 felony | 3 years | 5 years | 12.5 years |
The presumptive sentence is what the court starts with absent mitigating or aggravating factors. Two or more aggravating factors under A.R.S. 13-701(D) push the sentence above presumptive; two or more mitigating factors under A.R.S. 13-701(E) push it below. Restitution paid before sentencing is a strong mitigating factor in theft cases.
For all felony theft convictions, restitution to the victim is mandatory under A.R.S. 13-804. The court orders the full economic loss to be paid. Restitution survives discharge in bankruptcy and continues as a civil judgment after the criminal case concludes.
Repeat offenders sentenced under A.R.S. 13-703 face significantly higher mandatory ranges. A second-offense Class 2 felony carries 4.5 to 23.25 years (presumptive 9.25 years); a third-offense Class 2 felony carries 10.5 to 35 years (presumptive 15.75 years).
What Other Factors Elevate Theft Beyond Property Value in Arizona
Property value is the most common factor, but Arizona theft law recognizes several other circumstances that elevate the offense class regardless of value.
Theft From a Person
Theft from the body of another person (pickpocketing or purse snatching) is a Class 4 felony under A.R.S. 13-1802(B) regardless of property value, because of the physical proximity to the victim and additional risk involved.
Theft of a Firearm
Theft of a firearm is a Class 6 felony under A.R.S. 13-1802(B) regardless of the firearm’s value. Federal charges may also apply under 18 U.S.C. 922(j) if interstate transportation is involved.
Theft of Means of Transportation (Auto Theft)
Auto theft has its own statute under A.R.S. 13-1814 and is a Class 3 felony regardless of vehicle value. Joyriding (taking a vehicle without intent to permanently deprive) is a Class 5 felony under A.R.S. 13-1803.
Theft by Extortion
Theft accomplished by threat or coercion is a Class 4 felony under A.R.S. 13-1804. The threat element (physical harm, property damage, reputational harm) replaces the value tier as the basis for classification.
Organized Retail Theft
Theft committed as part of a planned scheme is elevated under A.R.S. 13-1819. Multiple thefts can be aggregated and the classification is one level higher than the property-value tier would otherwise require.
Theft From a Vulnerable Adult
Theft from an elderly, incapacitated, or dependent adult is elevated to one class higher than standard theft tier under A.R.S. 13-1802(I). The state must prove the victim met the statutory definition of vulnerable.
Federal Jurisdiction
Theft of federal property, mail theft, interstate transportation of stolen goods over $5,000 (18 U.S.C. 2314), and theft from federally regulated entities (banks, credit unions) can trigger federal prosecution with much higher sentencing exposure.
Which Theft Charge Applies in Your Case
Determining which theft tier applies starts with a careful review of the alleged property value, the type of property, and any aggravating circumstances. Three factors drive the classification:
Property valuation. The state must prove the property’s fair market value at the time of the offense. A defense lawyer can dispute the state’s valuation by hiring an independent appraiser, challenging depreciation calculations, or contesting the basis for the state’s estimate. Reducing the proven value below the next tier threshold can drop the charge by an entire class.
Type of property. Firearms, vehicles, and certain regulated items have special rules. A theft involving a $400 handgun is still a Class 6 felony despite being below the $1,000 misdemeanor threshold. A theft of a 1992 Honda valued at $800 is still a Class 3 felony under the auto-theft statute (A.R.S. 13-1814) despite the low value.
Circumstances of the theft. Theft from a person (pickpocketing), theft from a vulnerable adult, theft by extortion, and organized retail theft all elevate the classification regardless of property value. A defense lawyer reviews each element to determine whether the aggravator actually applies as alleged.
Many theft cases can be resolved at a lower classification through negotiation. Common reductions include charging “down” from Class 2 to Class 3 when value is contested, or accepting a misdemeanor disposition on a Class 6 felony case when the defendant pays restitution and completes probation conditions. Pretrial diversion programs (TASC, Drug Court, Felony Pretrial Intervention) can result in dismissal for first-time offenders.
Restitution paid before sentencing is one of the strongest mitigating factors. Courts routinely reduce the sentence below presumptive when the defendant has made the victim whole. Pretrial restitution can even support a charge reduction in some cases.
Frequently Asked Questions
No. Both are governed by A.R.S. 13-1802. The elements of the offense (knowingly controlling property of another without lawful authority and with intent to deprive) are identical. The classification differs by property value: less than $1,000 is a Class 1 misdemeanor; $25,000 or more is a Class 2 felony, often called aggravated theft.
Theft of property or services valued at $25,000 or more is classified as a Class 2 felony under A.R.S. 13-1802(G)(1). This is the tier most people refer to as aggravated theft. Below that, $4,000 to $24,999.99 is a Class 3 felony, and lower amounts step down through Class 4, 5, and 6 to misdemeanor.
First-offense sentencing under A.R.S. 13-702 differs significantly. Class 6 felony theft ($1,000 to $1,999.99): 4 months to 2 years, presumptive 1 year. Class 2 felony aggravated theft ($25,000+): 3 to 12.5 years, presumptive 5 years. The difference reflects roughly a 5x increase in average sentence between low-tier and aggravated-tier theft.
Yes. The most common path is disputing the property value. If the defense can prove the actual fair market value is less than $25,000, the charge drops from Class 2 to Class 3 (a 4-year drop in maximum sentence). Other reduction paths include challenging the intent element, suppressing illegally obtained evidence, or negotiating a plea to a lower class with restitution paid.
Theft from the body of another person (such as pickpocketing or snatching a wallet) is a Class 4 felony under A.R.S. 13-1802(B) regardless of property value. This is more serious than standard misdemeanor theft because of physical proximity to the victim. The maximum first-offense sentence is 3.75 years with a presumptive term of 2.5 years.
Shoplifting has its own statute under A.R.S. 13-1805 but follows the same value-tier structure. Concealing or removing merchandise with intent to deprive the merchant is shoplifting; the classification ranges from Class 1 misdemeanor (under $1,000) to Class 4 felony (above $2,000 with prior conviction or use of an artifice). Organized retail theft is also separately punishable under A.R.S. 13-1819.
Whether you are facing a Class 6 felony theft or Class 2 aggravated theft charge in Arizona, the classification often turns on contested value, intent, and aggravating circumstances. Derek Oliverson is a former judge, former prosecutor, and former police officer with 17+ years defending Arizona theft cases.