Criminal

questions & answers

Question: i was not arrested but have to go to court for a first time shop lifting in Pinal county. I have no job or money what is going to happen?

Answer:

A.R.S. 13-1805 defines when a person commits the crime of shoplifting and the classification of the crime. 13-1805(g) states: “In imposing sentence on a person who is convicted of violating this section, the court may require any person to perform public services designated by the court in addition to or in lieu of any fine that the court might impose.”

13-1805 (h) discusses the criminal classifications. Its states: “Shoplifting property with a value of two thousand dollars or more, shoplifting property during any continuing criminal episode or shoplifting property if done to promote, further or assist any criminal street gang or criminal syndicate is a class 5 felony. Shoplifting property with a value of one thousand dollars or more but less than two thousand dollars is a class 6 felony. Shoplifting property valued at less than one thousand dollars is a class 1 misdemeanor, unless the property is a firearm in which case the shoplifting is a class 6 felony. For the purposes of this subsection, "continuing criminal episode" means theft of property with a value of one thousand five hundred dollars or more if committed during at least three separate incidences within a period of ninety consecutive days.”

 

For a first time non-dangerous felony offense see the sentencing guideline below.

 

Felony   Mitigated     Minimum     Presumptive  Maximum      Aggravated

 Class 2  3 years       4 years     5 years      10 years     12.5 years

 Class 3  2 years       2.5 years   3.5 years    7 years      8.75 years

 Class 4  1 year        1.5 years   2.5 years    3 years      3.75 years

 Class 5  .5 years      .75 years   1.5 years    2 years      2.5 years

 Class 6  .33 years     .5 years    1 year       1.5 years    2 years

 

See A.R.S. 13-702 for more information.

 

The sentencing guidelines for a misdemeanor offense per A.R.S. 13-707 are as follows:

 

A. A sentence of imprisonment for a misdemeanor shall be for a definite term to be served other than a place within custody of the state department of corrections. The court shall fix the term of imprisonment within the following maximum limitations:

1. For a class 1 misdemeanor, six months.

2. For a class 2 misdemeanor, four months.

3. For a class 3 misdemeanor, thirty days.

B. A person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of any misdemeanor or petty offense, other than a traffic offense, and who has been convicted of one or more of the same misdemeanors or petty offenses within two years next preceding the date of the present offense shall be sentenced for the next higher class of offense than that for which the person currently is convicted. Time spent incarcerated within the two years next preceding the date of the offense for which a person is currently being sentenced shall not be included in the two years required to be free of convictions.

C. If a person is convicted of a misdemeanor offense and the offense requires enhanced punishment because it is a second or subsequent offense, the court shall determine the existence of the previous conviction. The court shall allow the allegation of a prior conviction to be made in the same manner as the allegation prescribed by section 28-1387, subsection A.

D. A person who has been convicted in any court outside the jurisdiction of this state of an offense that if committed in this state would be punishable as a misdemeanor or petty offense is subject to this section. A person who has been convicted as an adult of an offense punishable as a misdemeanor or petty offense under the provisions of any prior code in this state is subject to this section.

E. The court may direct that a person who is sentenced pursuant to subsection A of this section shall not be released on any basis until the sentence imposed by the court has been served.