Hello friends. My name is Keith Knochel.
I love the holidays. I love seeing the lights go up in Bullhead City and across the river. I love the cooler weather in Kingman and Lake Havasu. It is a time for family and giving.
But, I also know that the holidays are stressful. Money gets tight. The pressure to buy the best gifts for your kids can feel heavy. Sometimes, good people make bad choices when they are stressed. Sometimes, a simple mistake at a self-checkout machine turns into a nightmare.
My partner Aline and I have been practicing law since 1982. That is over 40 years. We have seen it all. We know that a theft charge can happen to anyone—a teenager, a mom, or a senior citizen.
Today, I want to talk to you about the laws regarding stealing. In Arizona, we have “Theft” and we have “Shoplifting.” They sound like the same thing, but they are a little different. I want to explain this simply, so you know your rights.
Key Takeaways
- Shoplifting is Specific: This crime happens inside a store during business hours. It includes swapping price tags or hiding things.
- Theft is Broader: Theft is taking anything from anyone, anywhere (like a package off a porch).
- Value Matters: If the item is worth less than $1,000, it is usually a misdemeanor. If it is more, it can be a felony.
- Intent is Key: The prosecutor has to prove you meant to steal. Accidents happen.
- We Can Help: Our lawyers know the local courts in Mohave County and can fight to keep your record clean.
Why Do Retail Crimes Increase During the Holiday Season in Bullhead City?
We see more theft cases in November and December than any other time. Why?
It isn’t because there are more “criminals” out there. It is often because of pressure. People feel like they need to provide a magical Christmas. When the bank account says “zero,” panic sets in.
A Stat Few People Talk About: You might think most theft is done by professionals. But that isn’t always true. According to a survey by Jack L. Hayes International, a loss prevention consulting firm, one out of every 40 employees was apprehended for theft in 2023. That’s right—employees. Also, data from the National Association for Shoplifting Prevention suggests that about 70% of shoplifters did not plan to steal before they walked into the store. It was an impulse. A spur-of-the-moment bad decision.
Another interesting number involves “Self-Checkout.” Since stores started using machines instead of cashiers, theft has gone up. A study from LendingTree found that nearly 15% of consumers admitted to stealing at self-checkout. Many said it was because the machine was confusing or didn’t scan right, and they just gave up and put it in the bag.
How Does Arizona Law Define Shoplifting Near Me?
If you are shopping at a store near me in Bullhead City, you are under Arizona law. The law for shoplifting is found in Arizona Revised Statutes (A.R.S.) § 13-1805.
It says shoplifting is not just walking out the door with a TV you didn’t pay for. It includes:
- Removing Goods: Taking items without paying.
- Charging the Wrong Price: If you pay for an apple but you actually have a steak, that is shoplifting.
- Swapping Tags: Peeling a $5 sticker off a toy and putting it on a $50 toy.
- Hiding Items: Putting something in your purse or pocket, even if you haven’t left the store yet.
- Container Swapping: Putting expensive makeup inside a cheap cereal box.
The “Magic” Line: Many people think you are safe until you walk out the door. That is not true. In Arizona, if you hide an item (concealment), the law assumes you planned to steal it. You can be arrested in Aisle 4, long before you reach the exit.
What Is the Difference Between “Petty Theft” and Shoplifting?
“Petty Theft” is a term people use a lot, but in Arizona, we usually just call it “Theft.” The law for Theft is A.R.S. § 13-1802.
The Main Difference:
- Shoplifting happens in a retail store (like Walmart or Target) while they are open.
- Theft happens anywhere else.
Examples of Theft (Not Shoplifting):
- Taking a bicycle from a neighbor’s yard.
- Stealing a package from a front porch (Porch Piracy).
- An employee taking money from the cash register (Embezzlement).
- Finding a wallet on the ground and keeping it instead of trying to find the owner.
In Bullhead City and Mohave County, both crimes are serious. But the defenses our lawyers use might be different depending on which one you are charged with.
What Are the Penalties for Shoplifting and Theft in Arizona?
The punishment depends on the value of what was taken. The law draws a line in the sand at $1,000.
Misdemeanor (Under $1,000) If the total value of the items is less than $1,000, it is usually a Class 1 Misdemeanor.
- Maximum Jail: Up to 6 months.
- Maximum Fine: Up to $2,500 (plus surcharges, which makes it much higher).
- Probation: Up to 3 years.
Felony (Over $1,000) If the value is $1,000 but less than $2,000, it becomes a Class 6 Felony. This is a very big deal. A felony stays on your record forever. It can stop you from voting or owning a gun.
Organized Retail Theft: If you go into a store with a “device” to help you steal (like a bag lined with foil to stop the alarms), that is a higher crime. According to the National Retail Federation, Organized Retail Crime cost retailers over $112 billion in 2022. Because of this huge number, prosecutors in Arizona are being very tough on anyone who looks like they are part of a “crew.”
Can I Go to Jail for a Simple Mistake at Self-Checkout?
This is a question our lawyers get all the time. “Keith, I forgot to scan the water under my cart! Now they say I am a thief!”
This happens every day. The machines are loud. The kids are crying. You are tired. You miss an item.
The Law Requires “Intent” To be guilty of a crime, you must mean to do it. If it was an honest accident, it is not a crime. However, the store security guard doesn’t know what you were thinking. They only see that you didn’t pay.
How We Defend This: We look at the video.
- Did you pay for $200 worth of groceries and miss a $5 pack of soda? That looks like an accident.
- Did you scan every cheap item but “forget” every expensive item? That looks like theft.
If you are stopped at the door, do not fight. Do not run. Stay calm. Then, call us. We can help explain your side of the story to the judge.
What Is a “Civil Demand Letter” and Should I Pay It?
After you are caught shoplifting, you might get a scary letter in the mail. It will be from a law firm representing the store (like Walmart or Target). It will say:
“You owe us $250 for civil damages. Pay now or we will sue you.”
This is called a Civil Demand. Arizona law (A.R.S. § 12-691) allows stores to ask for the value of the item plus a penalty.
The Secret: They can sue you. But will they? Usually, it costs the store more money to hire a lawyer to sue you than the $250 they are asking for. Many times, if you pay this fine, it does not stop the criminal case. The police and the store’s civil lawyers are two different things.
Before you write a check, talk to our lawyers. Sometimes paying it is an admission of guilt. Sometimes ignoring it is the right move. We can tell you what is best for your specific case.
How Can a Theft Conviction Ruin My Future?
You might think, “It’s just a misdemeanor. Who cares?” You should care.
A theft conviction is considered a “Crime of Moral Turpitude.” That is a fancy legal way of saying it is a crime about dishonesty.
Here is how it hurts you:
- Jobs: If you apply for a job handling money, keys, or sensitive data, they will do a background check. If they see theft, they won’t hire you. You won’t get the best jobs.
- Housing: Landlords in Bullhead City run background checks too. They don’t want tenants who steal.
- Immigration: If you are not a U.S. citizen, a theft crime can get you deported or stop you from getting a Green Card.
- Professional Licenses: Do you want to be a nurse? A real estate agent? A teacher? A theft conviction can cause the state to deny your license.
Because Knochel Law Firm also practices Business and Commercial Law, we know what employers look for. We know how to protect your reputation.
Click here to learn about our Criminal Defense services
Why Is It Important to Hire a Local Lawyer in Mohave County?
You might search for “criminal lawyer near me” and find a big firm in Phoenix. But Phoenix is 4 hours away.
Aline and I have offices in Bullhead City, Kingman, and Lake Havasu. We know the local judges. We know the local prosecutors. We know that the Bullhead City Justice Court handles things differently than the Lake Havasu Municipal Court.
Why Local Matters:
- We can get to court quickly.
- We know the “diversion programs” available in our county. (These are programs where you take a class and pay a fine, and the charges get dropped).
- We are your neighbors. We care about this community.
We handle Criminal Law, but we also handle Family Law and Personal Injury. We understand that sometimes, a person steals because they are going through a messy divorce or have a medical bill they can’t pay. We look at the whole person, not just the police report.
What Should I Do If I Am Stopped by Loss Prevention?
If a store employee stops you, your heart will pound. Here is a checklist of what to do:
- Stop: Do not run. Running can turn a misdemeanor into a felony (if you push someone while running, it becomes Robbery).
- Stay Silent: You have the right to remain silent. Use it. Do not say, “I’m sorry, I didn’t mean to!” Do not say, “I just needed it for my kids!” Anything you say will be written down and used against you.
- Do Not Sign: They might ask you to sign a paper banning you from the store. Read it carefully. If you don’t understand it, don’t sign it.
- Call Us: As soon as you can, call Knochel Law Firm.
How Can Knochel Law Firm Help Me Fight These Charges?
When you hire our lawyers, we get to work immediately.
Step 1: Evidence Review We demand the video footage. We want to see what really happened. Was the camera blocked? Did someone else put the item in your cart?
Step 2: Witness Interviews We talk to the Loss Prevention officer. Did they follow the rules? Stores have strict rules they must follow before stopping you. If they broke their own rules, we can use that.
Step 3: Negotiation We talk to the prosecutor. If you have a clean record, we push hard for a “Diversion Agreement.” This means if you stay out of trouble and take a class, the case goes away. No conviction. No record.
Step 4: Trial If we have to, we go to trial. We are not afraid to fight for you in court.
We also practice Elder Law. Sometimes, seniors with early dementia forget to pay. This isn’t a crime; it’s a medical issue. We know how to explain this to the court.
Contact us today for a consultation
FAQ: Common Questions Asked to Lawyers in Bullhead City and Arizona
Here are 5 questions we hear all the time during the holiday season.
1. I was with my friend when she stole something, but I didn’t take anything. Can I be arrested?
Answer: Yes. This is called “Accomplice Liability.” If you acted as a lookout, or if you drove the getaway car, or even if you just stood there and blocked the view of the clerk, you can be charged with the same crime she is. The prosecutor has to prove you helped, but simply being there can look very suspicious. You need a lawyer to prove you didn’t know what she was doing.
2. What is “Trespassing” regarding shoplifting?
Answer: This is a trap. If you have been banned from a store (like Walmart) because of a past incident, and you go back in to shop—even if you pay for everything—you can be arrested for Burglary. Why? Because you entered a structure with the intent to commit a crime (Trespassing). In Arizona, Burglary is a felony. Never go back to a store that has banned you.
3. Can a minor go to “Juvie” for shoplifting in Arizona?
Answer: Yes, but the juvenile system focuses on rehabilitation, not just punishment. For a first offense, a minor will usually get diversion, community service, or counseling. However, if the parents knew about the theft or encouraged it, the parents can sometimes face trouble too. We handle Family Law, so we know how to protect your kids.
4. Can I erase a shoplifting charge from my record later?
Answer: In Arizona, we don’t call it “expungement” exactly. We call it “Setting Aside” a conviction. If you complete your sentence and pay your fines, our lawyers can ask the judge to set aside the judgment. This adds a note to your record saying you completed everything and the case was dismissed. It helps a lot with job applications.
5. What if I ate the food in the store before paying?
Answer: Technically, until you pay for it, it belongs to the store. If you eat a bag of chips while shopping and then throw the empty bag on a shelf and leave, that is shoplifting. If you bring the empty wrapper to the register and pay for it, you are usually fine. But it is risky. It is best to pay first, then eat.
External Resources for You
- Arizona Revised Statutes § 13-1805 (Shoplifting) – Read the actual law.
- National Association for Shoplifting Prevention – Information and help.
- Mohave County Courts – Find your court date and location.
- City of Bullhead City Police Department – Local law enforcement info.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this does not create an attorney-client relationship. Every case is unique. For specific advice regarding your situation, please contact Knochel Law Firm directly.
Knochel Law Firm Bullhead City | Kingman | Lake Havasu Since 1982 https://lawyersinarizona.com/
