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Organized retail theft in Arizona is a serious offense that involves the intentional theft of retail merchandise, typically as part of a larger operation or scheme. Under ARS 13-1819, individuals or groups may face severe penalties if convicted, depending on the value of the stolen goods and the circumstances of the crime. As the prevalence of organized retail crime increases across the country, Arizona law enforcement is taking a more aggressive stance to combat this issue.
This post will explore what constitutes organized retail theft in Arizona, the penalties involved, and some potential defenses for those charged under ARS 13-1819.
What is Organized Retail Theft under ARS 13-1819?
Arizona Revised Statutes (ARS 13-1819) defines organized retail theft as an act where an individual or a group engages in theft with the intent to resell, trade, or transfer the stolen goods. Unlike traditional shoplifting, organized retail theft typically involves well-planned operations where merchandise is stolen in large quantities or repeatedly over time.
This statute covers theft from retail stores where the stolen property is either:
- Resold through illegal channels, online marketplaces, or fences.
- Transported across state or national borders.
- Stored in warehouses for future sales.
Elements of the Crime
For someone to be convicted of organized retail theft under ARS 13-1819, the prosecution must prove specific elements beyond a reasonable doubt, including:
- Intent to Steal: The defendant had the intention of stealing merchandise from one or more retail establishments.
- Value of Stolen Goods: The cumulative value of the stolen goods plays a critical role. If the value exceeds a certain threshold, the charges can escalate to a felony.
- Resale Intent: The defendant intended to resell, distribute, or transport the stolen goods.
- Participation in an Organized Effort: The involvement of multiple people or repeated acts of theft can demonstrate participation in an organized criminal operation.
Penalties for Organized Retail Theft in Arizona
The penalties for organized retail theft under ARS 13-1819 are severe, with sentences based on the value of the stolen merchandise and prior criminal history.
- Class 4 Felony: If the value of the stolen goods is less than $3,000, the defendant could face a Class 4 felony charge. Penalties include:
- Prison Sentence: Up to 3.75 years in prison.
- Fines: Substantial fines and restitution to the victims.
- Probation: In some cases, probation may be granted for first-time offenders.
- Class 3 Felony: If the value of the stolen goods exceeds $3,000, the charges can escalate to a Class 3 felony, leading to:
- Prison Sentence: Up to 8.75 years in prison.
- Increased Fines: Higher fines and restitution amounts, especially for repeat offenders or large-scale operations.
- Mandatory Restitution: Convicted individuals must pay for the losses incurred by the victim retailers.
Additionally, organized retail theft involving transportation across state lines can invoke federal charges, further complicating the case and adding to the severity of potential sentences.
Defenses Against Organized Retail Theft Charges
Being charged with organized retail theft does not automatically result in a conviction. Several defenses may be available to someone accused of violating ARS 13-1819, depending on the specifics of their case. Common defenses include:
- Lack of Intent: One of the core elements the prosecution must prove is the defendant’s intent to steal. If there is insufficient evidence to prove intent, the charges may be dismissed.
- Mistaken Identity: In some cases, defendants may be wrongfully accused due to mistaken identity, especially in operations involving multiple participants. An alibi or video surveillance can help establish the defendant’s innocence.
- Value of Goods: Challenging the total value of the stolen goods can sometimes reduce the severity of the charges. If the prosecution cannot prove the value of the stolen goods exceeds certain thresholds, the felony charge might be downgraded to a misdemeanor.
- Coercion or Duress: In rare instances, a defendant may have participated in theft under coercion or threats of harm. Proving duress can serve as a defense or a mitigating factor during sentencing.
The Rise of Organized Retail Theft in Scottsdale
In recent years, Scottsdale has seen a significant increase in cases of organized retail theft, a trend that reflects a broader national surge in such crimes. Known for its high-end shopping districts and luxury retail stores, Scottsdale has become a prime target for organized retail crime syndicates. These groups often operate with sophisticated tactics, such as coordinated “flash mobs” that overwhelm store security, or individuals systematically stealing large quantities of merchandise for resale on the black market. Essentially the flash mobs will get together, what tends to be a “high end” store and cause chaos stopping normal store security from acting on the thefts.
The Scottsdale Police Department has responded by increasing patrols in retail areas and working closely with retailers to implement preventive measures, but the challenge remains formidable. Most of the Organized Retail Theft for purposes of shoplifting happens within the Fashion Square Mall which is known for its luxurious shopping stores.
The Role of the Courts and Prosecutors
Organized retail theft cases are prosecuted in Arizona’s criminal courts, and defendants may face trial in local superior courts depending on the county where the offense occurred. For example, cases in Maricopa County will be handled in the Maricopa County Superior Court, one of the busiest courts in the state due to the area’s large population.
Prosecutors in Arizona take organized retail theft seriously, particularly because these crimes affect not only individual businesses but the overall economy. Convictions can lead to long-term consequences, including a permanent criminal record that can impact employment opportunities and immigration status.
How Tamou Law Group Can Help
Facing charges of organized retail theft can be daunting, but having an experienced criminal defense attorney by your side can make a significant difference. At Tamou Law Group, we understand the complexities of ARS 13-1819 and have extensive experience defending clients against theft-related charges.
Our team is dedicated to:
- Thoroughly investigating the case to uncover any potential flaws in the prosecution’s argument.
- Challenging the evidence presented against our clients, including the valuation of stolen goods and the alleged intent to resell.
- Negotiating with prosecutors to seek a reduction in charges or an alternative resolution, such as diversion programs or probation.
- Defending our clients’ rights at trial, if necessary, to achieve the best possible outcome.
Courts that Handle Organized Retail Theft Charges in Arizona
If you are facing organized retail theft charges, you will likely appear in one of Arizona’s superior courts. Some of the major court locations include:
- Maricopa County Superior Court (Phoenix)
- Pima County Superior Court (Tucson)
- Yavapai County Superior Court (Prescott)
- Coconino County Superior Court (Flagstaff)
These courts handle serious felony cases, including organized retail theft, and it’s essential to have an attorney familiar with the local courts and prosecutors.
Conclusion
Organized retail theft is a complex crime that carries harsh penalties under ARS 13-1819. If you are facing charges, it’s crucial to understand your legal rights and options. With the help of Tamou Law Group, you can navigate the legal system, challenge the charges, and work towards the most favorable outcome possible.
Don’t face organized retail theft charges alone. Contact Tamou Law Group today at 623-321-4699 for a consultation.
