My friend recently stole some jewelry from his parents and sold it at a pawn shop. They are filing charges against him And his record is currently clean. It is first offense and he was wondering what the consequences would be exactly. I'm not exactly sure what the value of the items were so information about all values would be great. Thank you.
DUI / DWI Attorney
This is a serious felony offense. He was most likely charged with Trafficking in Stolen Property ARS 13-2307. Depending on how he was charged it could be a class 2 or 3 felony. Because your friend has no criminal history he would be eligible for probation. However, the judge, at his/her own discretion could sentence your friend to the county jail for up to one year. Prison is also a possibility.
A class 3 felony has a prison sentence that ranges from 2 - 8.75 years.
A class 2 felony has a prison sentence that ranges from 3 - 12.5 years.
Your friend could also be charged with multiple different theft accounts. I would need to see the indictment to be more specific regarding the charges against him.
Your friend is looking at the possibly of some time in custody. He should seek the help of a criminal defense attorney.
Attorney at Law
Law Office of Aaron M. Black, PLLC
3219 East Camelback Road #573
Phoenix, AZ 85018
Office #: 480-729-1683
Criminal Defense Attorney
Mr. Black provides a thorough, detailed answer. But as he said it depends on how the State charges the offense. I agree given what little you have provided that "trafficking" is the most likely offense to be charged. But, if your friend is charged merely with "theft", and not "trafficking", then here are the breakdowns (from Ariz. Rev. Stat. Ann. § 13-1802 (G)):
“Theft of property or services with a value of twenty-five thousand dollars or more is a class 2 felony. Theft of property or services with a value of four thousand dollars or more but less than twenty-five thousand dollars is a class 3 felony. Theft of property or services with a value of three thousand dollars or more but less than four thousand dollars is a class 4 felony, except that theft of any vehicle engine or transmission is a class 4 felony regardless of value. Theft of property or services with a value of two thousand dollars or more but less than three thousand dollars is a class 5 felony. Theft of property or services with a value of one thousand dollars or more but less than two thousand dollars is a class 6 felony. Theft of any property or services valued at less than one thousand dollars is a class 1 misdemeanor, unless the property is taken from the person of another, is a firearm or is an animal taken for the purpose of animal fighting in violation of § 13-2910.01, in which case the theft is a class 6 felony.”
The possible penalties are far too varied to list all here. Your friend needs to consult with and be represented by an attorney. He/She will explain the options, potential outcomes, and risks etc. after learning the details. Contact an attorney.
Criminal Defense Attorney
Your friend could be charged with trafficking in stolen property which is a high class felony. If his record is clean and there is only one count against him, he should be probation eligible however he could receive jail time as a term of probation. Your friend is in a serious situation. If he hasn't already he should probably discuss this issue with his parents and also consider retaining counsel.
Nothing in this web post constitutes legal advice. If you have a legal question please see my main site at <a href="www.dmcantor.com">Phoenix DUI and Criminal Lawyer David M Cantor</a> or call 602-307-0808.