22 Mar What Is the Difference Between Felony and Misdemeanor Theft?
Taking someone else’s property is a crime, and it’s one that carries serious consequences. In Arizona, thefts can be either a misdemeanor or a felony, depending on the value of the property. If that amount is over $1,000, it’s a felony, and sentencing could include a mandatory prison term.
How Arizona Defines Theft
The Arizona penal code defines theft as knowingly and without lawful authority:
- Taking control of someone else’s property with the intent to deprive the other person of it.
Taking someone’s phone and selling it or its contents without permission.
Putting items in the bottom of a shopping cart with the intent of not paying for them.
- Obtaining the property or services of another person through misrepresentation.
Setting up a fundraiser for a fictional charity with the intention of keeping the donations.
- Coming into control of lost, mislaid, or misdelivered property without making a reasonable effort to find the true owner.
Your neighbor’s new computer gets delivered to your house. You decide to keep the computer rather than returning it or bringing it to the address on the box.
Arizona has different definitions for theft if taken from someone through force (robbery) or from their home (burglary).
Felony vs. Misdemeanor Theft
Whether a theft is charged as a misdemeanor or a felony depends on the value of the stolen goods or services. If the value is less than $1,000 the crime is a misdemeanor. If it’s over $1,000 then it’s a felony.
| Value of Property | Class of Charges | Potential Consequences |
| $999.99 or less | Class 1 misdemeanor | Up to 3 years on probation or 180 days in jail
Fines up to $2,500 excluding restitution and fees |
| $1,000- $1,999.99 | Class 6 felony | Minimum of 3 months, maximum of 5 years 9 months in prison |
| $2,000 – $2,999.99 | Class 5 felony | Minimum of 6 months, maximum of 7 years 6 months in prison |
| $3,000 – $3,999.99* | Class 4 felony | Minimum of 1 year, maximum of 15 years in prison |
| $4,000 – $24,999.99 | Class 3 felony | Minimum of 2 years, maximum of 25 years in prison |
| $25,000 or more | Class 2 felony | Minimum of 3 years, maximum of 35 years in prison |
There are two exceptions to these value-related charges:
- If the property is a firearm or an animal taken for the purpose of fighting, the violation is a class 6 felony (even if the value is under $1,000).
- The theft of a vehicle engine or transmission, even if valued under $3,000, is a class 4 felony.
Felonies also have other consequences that are same across all classes:
- Fines up to $150,000, not including court or attorney fees or restitution
- The loss of civil rights, like voting or possessing a firearm
- Social impacts like difficulty finding work or housing
If You Are Facing Criminal Charges, We Can Help
If you have been charged with a theft, you need a criminal defense attorney. Here at Coolidge Law Firm we have the knowledge, drive, and commitment it takes to secure the best possible outcome for your case. Contact us today to schedule a consultation in Chandler or Phoenix, Arizona.
Images used under creative commons license – commercial use (3/16/2026). Photo by Vitaly Gariev on Unsplash