Organized Retail Theft Under ARS 13-1819
Organized Retail Theft Under ARS 13-1819
If you have been charged with organized retail theft felonies under ARS 13-1819, it is important to know how the felony is serious. Retail theft, organized as shoplifting, is not limited to picking up merchandise and walking out; it includes the often elaborate act of stealing items to sell or exchange for something else. We also know the severity of these charges, which is why, at Litwak Law Group, we are prepared to fight them with an experienced defense that is specific to the charge.
What is Organized Retail Theft Under ARS 13-1819 in a Retail Establishment Without Paying?
A theft that occurs from a retail store; is a crime defined in ARS 13-1819, where the crime is defined as the theft of purchase from a store with the intent to resell, exchange goods, or receive money or other beneficial thing for goods under ARS 13-1819.
These can be done alone or with others, and the more organized the activity is, the more elevated the offense can be.
According to ARS 13-1819, a person commits organized retail theft if they:
- Resell or trade merchandise removed from a retail store without paying for those items.
- The removal of merchandise without having to pay for it — through either a device, instrument, container, or other artifice.
This statute is specific to theft in which financial gain is the primary motive rather than the use by the criminal after the taking.
Organized Retail Theft Potential Penalties
In Arizona, organized retail theft is considered a Class 4 felony and reflects the severity of that charge. If convicted, the penalties include:
- Prison sentence: You could get 1 to 3.75 years in state prison, even for a first-time offense.
- Increased penalties for prior convictions: The amount of prison time you will be receiving can be much longer if you have prior felony convictions.
- Fines and restitution: If you are caught stealing something from a retail store, you might be ordered by the court to pay fines or restitution to the retail store for the value of the stolen goods.
The aim is to discourage the offense from being organized and to discourage the financial motivation. We at Law Firm are determined to lessen these penalties as much as possible and clear your future.
Penalties for Organized Retail Theft
The penalties may be increased by the value of the stolen property. However, the offense is still a Class 4 felony if the value of the stolen merchandise is $1,000 or more. But if the value is between $500 and $1,000, the offense is brought down to a Class 5 felony. It is a Class 6 felony for stealing property with a value of less than $500.
A conviction for organized retail theft, however, carries long-term consequences beyond immediate penalties. A criminal record stays on your record your whole life; this can affect employment opportunities, housing options, and immigration status. Due to that, it is necessary to refer to experienced legal advice to be able to navigate through these charges well.
Real-Life Examples of Organized Retail Theft
To better understand how organized retail theft charges might arise, here are some illustrative examples:
Example 1: A person enters a retail store with a large bag designed to block security sensors. Instead of paying for electronics, they fill the bag with electronics and leave the store. Organized retail theft in ARS 13-1819 includes the act of theft by the individual using a device and the intent to receive any value from stolen goods. The individual managed to bypass store security by using the sensor-blocking bag.
Example 2: Three individuals work together to steal from multiple stores. Somebody else runs the merchandise, another disables the security tags, and somebody else has to be on the lookout. At a flea market, they intend to sell the stolen goods. This is considered organized retail theft because they intended to profit from their actions beyond personal use or gain.
Example 3: A person switches price tags on expensive merchandise in a retail store, paying a lower price at checkout and intending to sell the item at its total value afterward. Even though they technically paid for the merchandise, deception and intent to profit qualify this as organized retail theft.
These examples highlight how ARS 13-1819 addresses not only direct theft but also deceptive practices aimed at profiting from stolen goods.
The Role of the Courts and Prosecutors
All Arizona organized retail theft cases are prosecuted in the state’s criminal courts, with defendants being brought to local superior courts in the county where the offense occurred. ‘Organized retail theft is a serious crime that doesn’t just affect individual businesses—it also has far-reaching economic effects,’ said Don Cribberto, lead prosecutor for Maricopa County, where the alleged crimes occurred.
When put on their trial, prosecutors have to prove beyond a reasonable doubt the elements of the crime. This will include showing that the defendant intentionally stole retail merchandise, intended to resell or trade the stolen goods and that he engaged in a well-planned operation of theft of the merchandise. In this case, the prosecution has the burden of proof and proves its case by means of compelling evidence.
There is a right to a fair trial and for defendants to challenge evidence in their place. An experienced defense attorney will help defend the sentence, challenge the charges, and help the defendant get the best outcome possible. By looking at the prosecution’s evidence and putting on a good defense, a reduction of charges can occur and, potentially, an acquittal.
Defending Against Organized Retail Theft Charges Involving Stolen Merchandise
Whatever the facts of your case, the ARS 13-1819 charges can be quite daunting and might call for several defense strategies.
- Insufficient Evidence: When you are being charged with a crime, you can argue that you don’t have enough evidence to prove your case beyond a reasonable doubt. Typically, this means that you will challenge the accuracy of the State’s evidence, or you will bring to light anything that might have been a police or prosecutor misconduct that got in the way of the evidence the State presented.
Litwak Law Group is ready to investigate the facts in each case to build a personalized defense strategy for your unique circumstances.
Common effective defense strategies include:
- Lack of intent: If the prosecution cannot prove that you intended to sell or profit from the stolen goods when you received it or carried it away, the charge may be reduced or dismissed.
- Mistaken identity: When taking place in crowded retail settings, innocent bystanders can be accused of participating in organized theft without any wrongdoing.
- Coercion: The defense argument can be valid if you participated because you were forced or threatened into it.
- Illegal search or seizure: Any evidence obtained during the investigation if your rights were violated may be inadmissible in court.
When we carefully analyze the evidence and contradict the prosecution’s claims, we reduce the charges or get a good result for our client. At the Maricopa County Superior Court, we have a lot of experience defending clients in the cases processed in Maricopa County.
The Difference Between Shoplifting and Organized Retail Theft
Despite the similarities, shoplifting and organized retail theft are different crimes in that organized retail theft carries a more serious charge because it is more money-driven.
If the stolen goods are worth less than $1,000, simple shoplifting is generally a misdemeanor; organized retail theft, however, is a Class 4 felony no matter what the product’s value.
Say, for example, a person goes into a store, walks out with a few clothing items, and leaves because he or she didn’t plan on paying. That would usually turn into misdemeanor shoplifting. But if the same person comes in through the door to then sell or use a tool to circumvent a security system, they can be charged with felony organized retail theft under ARS 13-1819. What is critical here is that when merchandise is taken unlawfully without reimbursing the purchase price, this was the intent of the theft.
The critical difference lies in the intent to profit and the organized or premeditated nature of the crime.
Get Help From Litwak Law Group Today
Being charged with felony organized retail theft can be overwhelming, but you don’t have to do it alone. If you’re facing these charges, we’re with you and believe in second chances, and we’ll help you defend against them.
If you or a loved one has been charged with organized retail theft, give us a call today for a consultation. We exist to give you the strong defense you’d need to defend your rights and your future.
The Impact of Organized Retail Theft on Businesses
Retail stores are impacted greatly by organized retail theft. Stolen merchandise can cause great financial loss and property damage and diminish a firm’s trust in its customers. Security measures may also raise costs in areas other than government retailing, pushing cash registers and consumers around, such as retailing establishments, that face increased costs associated with hiring security guards, installing security cameras, and implementing internal inventory control systems.
Also, businesses will suffer a loss in productivity and efficiency that are required to investigate and reply to organized retail crime. It also has a considerably broader economic impact. Retailers are losing an estimated $30 billion annually to organized retail crime, according to the National Retail Federation. And where this can happen, it raises the price for consumers, reduces economic growth, and hurts the overall economy.
There are several measures businesses can take, however, including to combat organized retail theft. Such robust security systems, training of employees to recognize suspicious activity and respond, and working with law enforcement to investigate and prosecute offenders are all of these strategies. Retail stores can prevent merchandise loss by taking proactive steps that will protect their merchandise and also protect their bottom line and their community — that is, the economy.
