Recently in Theft Laws Category

July 8, 2011

Auto Theft Charges | "Theft of Means of Transportation"
Auto theft charges in Chandler, AZ are known as "Theft of Means of Transportation" according to Arizona Law. Auto theft is a class 3 felony and considered a crime against victims in Arizona. If convicted, these type of offenses carry harsh penalties. Arizona has earned a position of the 4th state with highest number auto thefts in the country. Arizona egregiously prosecutes auto theft charges. A first time auto theft conviction exposes a defendant to 8.75 years in prison. Repeat offenses carry increased penalties and longer sentencing of incarceration. Other punishments may include restitution, fines, and a felony on your criminal history for years. You should consult a Criminal Attorney who frequently defends Chandler AZ auto theft charges as soon as possible.

Chandler AZ Auto Theft Laws
Criminal Laws in Arizona do not exist just to prosecute crimes. One reason they also exist to protect your constitutional rights. Top criminal defense lawyers in Arizona know how to use those same Arizona laws to defend your criminal charges.

Auto theft charges in Chandler AZ are governed by the State of Arizona criminal codes and can be found in greater detail at Arizona Statutes Website. Refer to Auto Theft Law "Theft of Means of Transportation" A.R.S. 13-1814.
In order to be convicted of Auto Theft the Arizona Prosecution must prove the following (paraphrased):
1. You knowingly took a vehicle without the owner's permission or legal authority;
2. You controlled, converted or obtained another person's "means of transportation".
3. Your intent was to permanently deprive another of that vehicle. .
In sum, a person needs to have "known" they were taking someone else's vehicle; they intended to keep it permanently from the rightful owner. This is not always easy for the Arizona prosecution to prove.

5 Criminal Defenses used by Top Attorneys in Chandler AZ
A number of defenses can possibly be used and depend mostly on the facts surrounding each case. Here are at least 5 possible common defenses used by AZ local criminal attorneys to defend Chandler AZ auto theft charges.

1) You thought you did have the owner's consent or permission. This occurs commonly with family members, friends, or domestic partners. In this scenario you may have been a permissive user at some point. However, later the rightful owner of the vehicle rescinded their permission or changed their mind. In you defense your attorney would argue that you did not know the owner rescinded their consent therefore you though you had permission. Basically you did not intend to steal the vehicle.

2) Mistake of fact involving a purchase. This would apply if you purchased a vehicle in good faith from another person or entity. At that time you genuinely believed they were authorized to sell it or where with owners of the vehicle. Later, you learn, they did not have authority to sell it to you and you find out you purchased a stolen vehicle. In this case, you did not know it was stolen and did not intend to permanently deprive the rightful owner of their means of transportation.

3) Mistake of fact regarding lease, loan or borrowing of a vehicle from someone you believed was the rightful owner, or had legal authority to loan or lease you the vehicle. A good criminal defense lawyer would argue that you rented or borrowed the vehicle from a person or entity that you genuinely thought had the legal authority to load or lease you the vehicle. You had no knowledge of it being stolen. You did not intend to deprive the owner permanently of their means of transportation.

4) Violation of Constitutional rights - You have many constitutional rights at the State and Federal level. Some common violations of rights occur that surround the following: a) Unlawful search and seizures of person or residence b) Denial of your to right to counsel; c) police intimidation, threat, coercion for the purpose of extracting information from you and getting you to admit to a crime. This happens occasionally in absence of a person's criminal defense attorney.

5) Flaws or weaknesses the Arizona prosecution's case. This may include improper proof that you did not knowingly and intentionally steal the vehicle; lack of evidence; conflicting information or lack of witnesses; questionable witness statements from unreliable sources; lack of due criminal law process and proper investigation by law enforcement officials.

Top criminal defense attorneys in Chandler AZ that are experienced at defending auto theft cases will know what defenses to use under what circumstances. It is important that you retain an experienced criminal defense or auto theft attorney as soon as possible. They will make every effort to get your auto theft charges dismissed, reduced, or otherwise best outcome in your case.

Continue reading "Defenses for Auto Theft Charges: Regardless of the crime you have a constitutional right to defend your charges. Defenses criminal attorneys commonly use to defend auto theft charges." »

April 12, 2011

How Top Criminal Attorneys Defend Auto Theft Charges in Chandler AZ.

Auto Theft Charges | "Theft of Means of Transportation" in Chandler AZ
Auto Theft in Arizona is synonymous to the legal term "Theft of Means of Transportation". A conviction of auto theft charges in Chandler AZ carries a maximum sentence of 8.75 years in State Prison. Aggravating factors can increase the sentencing. Theft charges are felonies and known as "victim crimes" in Arizona. Due to the serious consequences if convicted, the best attorneys in Arizona will advise you to seek legal representation for these charges.

Arizona has some of the highest incidents Auto Thefts in the country. This leaves gives rise to the Arizona prosecutors and police working together vigorously to get convictions. They want severe punishments for AZ Auto theft convictions. If charged with Chandler AZ auto theft charges you should contact an Arizona criminal defense attorney who is experienced at defending Chandler AZ auto theft charges as soon as possible.

Auto Theft Laws in Arizona
The laws in the State of Arizona govern "Theft of Means of Transportation" or auto theft charges. Classifications and sentencing can be found at the State of Arizona Legislative code website, under criminal code A.R.S. 13-1814. Auto theft is a class 3 felony in Arizona.

Basically, Arizona Criminal Law requires that in order for you to be convicted of auto theft, the prosecution and State of Arizona must prove the following:
1. You knowingly took a vehicle without permission or legal authority;
2. You took control, converted, or obtained someone else's means of transportation without their consent.
3. Your intent in taking the vehicle was to permanently deprive that entity of another of their vehicle or means of transportation.

So in sum: A). You must have known you were taking a vehicle belonging to someone else. B). You took control of a vehicle that you knew was stolen. C). You had no intention of returning it to the rightful owner.

Some people are surprised to learn that in Arizona, you can be convicted of auto theft if you took possession of a vehicle without knowing who it belonged to, and failed to make a reasonable effort to find the rightful owner.This would be considered "Theft of Means of Transportation" or auto theft charges, and cost you years in prison and additional penalties.

Penalties for Chandler AZ Auto Theft
Arizona penalties for conviction even if it was a non-violent class 3 felony, with no priors, and no prior criminal record, are still severe. Sentencing carries upwards of 8.75 years in state prison, 12 months jail, and restitution or supervised probation, among other penalties the court may order. If violence was involved or it was a repeat offense, more criminal charges may be brought by the prosecution, and if convicted, additional penalties and sentencing may be ordered by the judge.

Criminal Defense Attorney for Auto Theft Charges in Chandler AZ
If you have been accused or charged with Chandler AZ auto theft, you should consult a criminal defense lawyer or Chandler AZ auto theft attorney as soon as possible. A good criminal defense or auto theft defense lawyer will make sure your rights are protected; you are treated fairly; examine all the evidence; determine what defenses will best most effective in your case; interview witnesses if any; and present compelling arguments on your behalf; file defense motions, and "tell your side of the story", through the proper legal channels. Good criminal defense attorneys who defend Chandler AZ auto theft charges will make every effort to get your charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "Auto Theft Laws: Impact of "intent" and "knowledge" on prosecuting and defense of Auto Theft Charges." »

April 8, 2011

Auto Theft Charges or "Theft of Means of Transportation"

Auto theft charges in Mesa, AZ are officially called "Theft of Means of Transportation" according to Arizona Law. Auto theft is a class 3 felony. It is considered a crime against a victim in Arizona which carries harsh penalties for convictions. Arizona vigorously prosecutes defendants accused of auto theft. For a first time auto theft conviction, you can face 8.75 years in prison. Other penalties can include restitution, fines, and a felony criminal record that will follow you for years. You should consult a Criminal Attorney who is well versed at defending Mesa AZ auto theft charges as soon as possible if you have been charged with Mesa AZ Auto Theft.

Auto Theft Laws in Mesa AZ
Before discussing the defenses, we first look at the law. The best criminal defense attorneys in Arizona know how to use the Arizona law in your favor. Criminal Laws are not used only to convict and prosecute defendants. Good Attorneys will use those same laws for authority to defend your case. .

Auto theft charges the occur in Mesa AZ are governed by the State of Arizona criminal law Guidelines, Classification, Penalties, and Sentencing can be found in detail under Arizona Statutes for Auto Theft Law "Theft of Means of Transportation" A.R.S. 13-1814.
For the sake of legal ease, here is a summary: In order to get a conviction, the Arizona Prosecution needs to prove that...

1. You knowingly took a vehicle without the owner's permission or legal authority;
2. You controlled, converted or obtained another person's "means of transportation".
3. Your intent was to permanently deprive another of their vehicle.

The defendant needed to have "known" they were taking someone else's vehicle; and they intended to keep it permanently from the rightful owner. With good legal representation by a private practice attorney, this can be an uphill battle for the prosecution.

5 Criminal Defenses for Auto Theft Charges in Mesa
There are a variety of defenses that can possibly be used based on the circumstances of the charges. Just to name a few, here are some defense tactics used by top local criminal defense attorneys in Mesa, AZ.

1) The defendant thought they had "Consent". This typically occurs with family members, friends, or domestic partners, where the defendant at one point was a permissive user, and then the owner made the defendant aware that their permission was no longer valid and they rescinded their permission. The defense would be that you thought you had consent, and did not intend to steal the vehicle.

2) The "Mistake of Fact" defense. This applies when someone purchases, a vehicle from another person or entity in good faith that they believed were the rightful owners. Later, the defendant learns it was a stolen vehicle. In this case, the defendant did not have "knowledge" that it was a stolen vehicle. Nor did they intend to permanently deprive the rightful owner of their means of transportation.

3) The defendant borrowed a vehicle from someone you believed to be the rightful owner or lender. Again this is "Mistake of Fact". Your criminal defense lawyer would argue that you rented or borrowed the vehicle from the loaner or person who rented you the vehicle without knowledge of it being stolen, or intent to deprive the owner of their means of transportation.

4) Violation of Constitutional rights - This includes but is not limited to a) unlawful search and seizures of person or residence b) denial to right to counsel; c) police intimidations, threat, or coercion for the purpose of self-incrimination and get you to admit to a crime. And further it continues after you have told the police you wish to withhold comments or any answers until your defense attorney is present. .

5) Weaknesses in the prosecution's case including lack of evidence, lack of witnesses, statements made by unreliable witnesses, or lack of due process and proper investigation by the police.

These are just 5 defenses of many that are used by experienced auto theft defense and criminal defense trial lawyers in Arizona. The defense tactics used are dependent upon the facts of your case. A good criminal defense attorney experienced at defending auto theft cases will know what defenses to use under what circumstances. Convictions for auto theft are too serious to face without good private practice criminal defense. Without proper legal defense by a qualified attorney you forfeit any chance of getting the charges dismissed, reduced, or any good outcome in your Mesa AZ auto theft charges. .

Continue reading "Common defenses used to challenge Auto Theft Charge" »

March 31, 2011

How Scottsdale Criminal Defense Attorneys use Arizona laws to defend your case

Scottsdale Auto Theft Charges or "Theft of Means of Transportation"
Auto theft in Arizona has earned one of the top five positions of states in the country for the highest number of Auto Thefts. Arizona prosecutors work with police vigorously to get convictions. The legal name for auto theft is "Theft of Means of Transportation". A conviction for Scottsdale auto theft can expose you to nearly a decade of incarceration in State Prison. Auto Theft charges are serous felonies charges. If charged with Scottsdale auto theft you should consult an experienced criminal defense attorney who defends Scottsdale auto theft as soon as possible to discuss your charges and defense options.

Scottsdale Auto Theft Laws
Auto Theft Charges in Scottsdale for purposes of administration, penalties and sentencing are governed by the State of Arizona. "Theft of Means of Transportation" or auto theft can be found under criminal code A.R.S. 13-1814. Auto theft is a class 3 felony, and an Arizona victim crime.

In simple terms the law requires that in order to get a conviction the prosecution must prove that...:
1. You knowingly took a vehicle without permission or legal authority;
2. You controlled, converted or obtained another person's means of transportation.
3. Your intent was to permanently deprive another of their automobile.
In sum, the Arizona Criminal Laws indicates that the defendant must have "known" they were taking someone else's vehicle; they took control while "knowing" it was stolen; and their intent was not to return it to the rightful owner. Many people are surprised to learn that they can be convicted of auto theft if they failed to make a reasonable effort to find the rightful owner of a vehicle if a defendant intends to keep or possess a vehicle they found.

Scottsdale AZ Theft Penalties
The penalties for conviction of non-violent class 3 felonies, with no criminal record convictions, among other penalties will expose the defendant to upwards of 8.75 years in state prison, 12 months jail, and restitution or supervised probation, more. If the defendant is convicted of Auto theft, and has a prior criminal record, and or any violence was involved, the penalties will increase based on the circumstances surrounding the charges.

Scottsdale Auto Theft Defense Attorney
If you are charged with a Scottsdale auto theft, you should contact a criminal defense lawyer or Scottsdale auto theft attorney as soon as possible. A good auto theft defense lawyer will make sure you are treated fairly in the criminal justice system; investigate your case; determine what defense tactics will best serve your case; examine the evidence, interview witnesses, determine if any of your constitutional rights were violated, present compelling arguments and file appropriate motions on your behalf; and make every effort to get your charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "Auto Theft Laws: What is considered "Auto Theft" for purposes of prosecution and convictions" »

March 24, 2011

How Top Criminal Attorneys Defend Auto Gilbert AZ Auto Theft Charge.

Auto Theft Charges | "Theft of Means of Transportation" in Gilbert AZ
Auto Theft in Arizona according the AZ Statutes is known as "Theft of Means of Transportation". A conviction of auto theft charges in Gilbert AZ potentially carries penalties of 8.75 years in prison. Aggravating factors including violence, repeat offenses or concurrent charges can increase the penalties. Auto Theft charges are Class 3 felonies and are considered Arizona crimes against victims. Due to the nature and seriousness of these charges you should seek legal representation for criminal defense of these charges.

The State of Arizona works hard to prosecute those accused of auto theft charges. If you face Gilbert AZ auto theft charges you should contact an Arizona criminal defense attorney who is experienced at defending this offense in the jurisdiction where you were charged. .

Auto Theft Laws Gilbert AZ
Auto Theft or "Theft of Means of Transportation" charges are governed by Arizona State Criminal Law. Classifications and sentencing are outlined in detail at the State of Arizona Legislative code website, under criminal code A.R.S. 13-1814. Auto theft is a class 3 felony in Arizona.

Arizona Criminal Law requires the Arizona Prosecution to prove the following in order to get a conviction:
1. You knowingly took a vehicle without permission or legal authority;
2. You took control, converted, or obtained someone else's means of transportation without their consent.
3. Your intent in taking the vehicle was to permanently deprive that entity of another of their vehicle or means of transportation.

So in sum, you must have known you were taking a vehicle that did not belong to you without the owner's permission; you took control of a vehicle that you knew was stolen; and you had no intention of returning it to the owner.

Also, In Arizona, if you take control or possession of a vehicle that is not yours, and you do not know who it belongs to you can be charged with Auto Theft if you fail to make a reasonable effort to find the rightful owner.

Penalties for Gilbert AZ Auto Theft
Arizona Sentencing for Auto Theft convictions that are non-violent, not repeat offenses, with no prior criminal history is still a class 3 felony. Sentencing carries upwards of 8.75 years of incarceration in state prison, 12 months jail, restitution or supervised probation, and other penalties the judge deems necessary. If violence was involved in the incident, or this was a repeat offense, or other aggravating factors exist, more criminal charges may be brought by the prosecution. If convicted, additional penalties, fines, restitution, and a longer prison term may be ordered by the judge.

Criminal Defense Attorney for Auto Theft Charges in Gilbert AZ
If you have been charged with Gilbert AZ auto theft, you should consult a criminal defense attorney or auto theft attorney in Arizona as soon as possible. A good criminal defense firm or auto theft defense lawyer will make sure your rights are protected; you are treated fairly; gather and examine all the evidence; determine what defenses will best serve your defense, interview witnesses, present compelling arguments and motions on your behalf and guide you through the criminal law process in Arizona. Good criminal lawyers who defend Gilbert AZ auto theft charges will first take every opportunity to strengthen your defense against the prosecutions case against you, attempt to get the charges dismissed, reduced, and all the while working towards obtaining the best results for your defense.

Continue reading "Auto Theft Charges: Burden of Proof needed for conviction" »

March 18, 2011

Auto Theft Charges or "Theft of Means of Transportation"

Auto theft charges in Mesa, AZ are officially called "Theft of Means of Transportation" according to Arizona Law. Auto theft is a class 3 felony. It is considered a crime against a victim in Arizona which carries harsh penalties for convictions. Arizona vigorously prosecutes defendants accused of auto theft. For a first time auto theft conviction, you can face 8.75 years in prison. Other penalties can include restitution, fines, and a felony criminal record that will follow you for years. You should consult a Criminal Attorney who is well versed at defending Mesa AZ auto theft charges as soon as possible if you have been charged with Mesa AZ Auto Theft.

Auto Theft Laws in Mesa AZ
Before discussing the defenses, we first look at the law. The best criminal defense attorneys in Arizona know how to use the Arizona law in your favor. Criminal Laws are not used only to convict and prosecute defendants. Good Attorneys will use those same laws for authority to defend your case. .

Auto theft charges the occur in Mesa AZ are governed by the State of Arizona criminal law Guidelines, Classification, Penalties, and Sentencing can be found in detail under Arizona Statutes for Auto Theft Law "Theft of Means of Transportation" A.R.S. 13-1814.
For the sake of legal ease, here is a summary: In order to get a conviction, the Arizona Prosecution needs to prove that...

1. You knowingly took a vehicle without the owner's permission or legal authority;
2. You controlled, converted or obtained another person's "means of transportation".
3. Your intent was to permanently deprive another of their vehicle.

The defendant needed to have "known" they were taking someone else's vehicle; and they intended to keep it permanently from the rightful owner. With good legal representation by a private practice attorney, this can be an uphill battle for the prosecution.

5 Criminal Defenses for Auto Theft Charges in Mesa
There are a variety of defenses that can possibly be used based on the circumstances of the charges. Just to name a few, here are some defense tactics used by top local criminal defense attorneys in Mesa, AZ.

1) The defendant thought they had consent for the owner. This typically occurs with family members, friends, or domestic partners, where the defendant at one point was a permissive user, and then the owner made the defendant aware that their permission was no longer valid and they rescinded their permission. The defense would be that you thought you had consent, and did not intend to steal the vehicle.

2) Mistake of fact involving a defendant's purchase. This applies when someone purchases, a vehicle from another person or entity in good faith that they believed were the rightful owners. Later, the defendant learns it was a stolen vehicle. In this case, the defendant did not have "knowledge" that it was a stolen vehicle. Nor did they intend to permanently deprive the rightful owner of their means of transportation.

3) Mistake of fact regarding lease, loan or borrowing of a vehicle from someone they believed to be the rightful owner, or lender. A good criminal defense lawyer would argue that you rented or borrowed the vehicle from the loaner or person who rented you the vehicle without knowledge of it being stolen, or intent to deprive the owner of their means of transportation.

4) Violation of Constitutional rights - This includes but is not limited to a) unlawful search and seizures of person or residence b) denial to right to counsel; c) police intimidation, threat, or coercion for the purpose of self-incrimination and get you to admit to a crime. And further it continues after you have told the police you wish to withhold comments or any answers until your defense attorney is present.

5) Weaknesses in the prosecution's case including lack of evidence, lack of witnesses, statements made by unreliable witnesses, or lack of due process and improper investigation by the police.

These are just 5 defenses of many that are used by experienced auto theft defense and criminal defense trial lawyers in Arizona. The defense tactics used are dependent upon the facts of your case. A good criminal defense attorney experienced at defending auto theft cases will know what defenses to use under what circumstances. Convictions for auto theft are too serious to face without good private practice criminal defense. Without proper legal defense by a qualified attorney you forfeit any chance of getting the charges dismissed, reduced, or any good outcome in your Mesa AZ auto theft charges. .

Continue reading "Defenses commonly used to challenge Auto Theft Charges" »

March 15, 2011

How Top Criminal Attorneys Defend Auto Tempe AZ Auto Theft Charge.

Auto Theft Charges | "Theft of Means of Transportation" in Tempe AZ
Auto Theft in Arizona is also called "Theft of Means of Transportation". A conviction of Tempe auto theft charges carry sentences that include up to 8.75 years in prison. Aggravating factors such as violence, repeat offenses or other criminal charges that occurred in conjunction with the auto theft charge can give cause for increased sentencing and penalties. Auto Theft is considered a class 3 felony, and an Arizona crime against victims. Due to the nature and seriousness of these charges you should seek private practice criminal defense representation. This will provide you with increased possibility of getting your charges dismissed, reduced or the best outcome in your case.

Auto Theft Laws Tempe AZ
Auto Theft or "Theft of Means of Transportation" charges are governed by Arizona State Criminal Law. Classifications and sentencing are provided in detail at the State of Arizona Legislature website, under criminal code A.R.S. 13-1814. Auto theft alone without aggravated issues or additional charges is still a class 3 felony, a very serious offense in Arizona.

According to Arizona Criminal Law, the AZ Prosecution must prove the following in order to get a conviction:
1. You knowingly took a vehicle without permission or legal authority;
2. You took control, converted, or obtained someone else's means of transportation without their consent.
3. Your intent in taking the vehicle was to permanently deprive that entity of another of their vehicle or means of transportation.
Also, In Arizona, if you take control or possession of a vehicle that is not yours, and you do not know who it belongs to you can be charged with Auto Theft if you fail to make a reasonable effort to find the rightful owner.

Penalties for Tempe AZ Auto Theft
Arizona Sentencing for Auto Theft convictions that are non-violent, not repeat offenses, with no prior criminal history carries sentences as high as 8.75 years of prison. Other penalties many include 12 months jail, restitution, supervised probation, and other penalties the judge deems necessary. If violence was involved, a repeat offense, or other aggravating factors exist, more criminal charges may be brought by the prosecution. If convicted, the judge may order additional punishments, higher fines, more restitution, and a longer prison sentences.

Criminal Defense Attorney for Auto Theft Charges in Tempe AZ
If you face Tempe Auto Theft Charges you should consult a criminal defense attorney or auto theft attorney in Arizona as soon as possible. Your future and freedom are in jeopardy. Good criminal defense attorneys or auto theft defense firms will make sure your rights are protected; you are treated fairly; conduct their own investigation, decide what defenses have the potential to serve your defense the best, present compelling arguments and file motions on your behalf; and guide you through the criminal law process in Arizona. Top criminal lawyers in Tempe AZ will use take every opportunity to strengthen your defense against the prosecutions case against you, attempt to get the charges dismissed, reduced, and all the while working towards obtaining the best results for your defense.

Continue reading "Auto Theft Laws: If a reasonable effort is not made to find the rightful owner of a vehicle, a person may be charged with Auto Theft" »

March 9, 2011

A defendant charged or arrested for auto theft in Arizona should consult an experienced Arizona criminal lawyer as soon as possible. These are very serious charges with harsh punishments. Auto Theft in Arizona is a felony even if there was no violence, force, threat or intimidation involved.

Auto Theft Charges
Auto theft charges in Arizona are also known as "Theft of Means of Transportation" and are outlined in A.R.S. code 13-1814. Auto theft is considered a class 3 felony. The penalties for a non-dangerous class 3 felony with no previous criminal convictions, among other penalties will expose the defendant to upwards of 8 years in prison.

Criminal Laws for Auto Theft in Arizona
In order to convict a defendant of Auto Theft or Theft of Means of Transportation in Arizona, the prosecution needs to prove the following:
1. You knowingly took a vehicle without permission or legal authority;
2. You controlled, converted or obtained another person's means of transportation.
Under this Arizona Criminal Laws the defendant must have "known" they were taking someone else's vehicle; or they took control while "knowing" it was stolen. Further a defendant can be convicted of auto theft if they failed to provide a reasonable effort to determine the true owner.

Arizona Auto Theft Penalties
This is an Arizona victim crime and upon conviction may be sentenced to 8.75 years in prison, 12 months jail, and restitution or supervised probation, among other penalties. If the defendant is convicted of Auto theft, and has a prior criminal record, and or any violence was involved, the penalties will be much higher depending on the circumstances.

Arizona Theft Criminal Defense Attorney
The state of Arizona relentlessly pursue convictions for defendants accused of auto theft. Your only real chance at obtaining a good outcome in your case is to hire a good private practice Arizona criminal defense firm to d0efend your charges. An experienced criminal attorney will make sure your constitutional rights are not violated and you are treated fairly. Good auto theft defense attorneys in Arizonan will gather evidence, interview witnesses, and determine what defense strategies will best serve you. They will challenge the prosecution's case, and present compelling arguments on your behalf. When it comes to serious charges such as auto theft, your question should not be "should I hire a criminal attorney?" but rather, "which criminal attorney should I hire?" And the answer is to hire an experienced auto theft defense attorney who has a strong litigation skills and criminal defense background who will proactively fight the charges in your defense and put in the labor that is involved in attempting to get your charges dismissed, reduced or the otherwise best outcome in your case.


Continue reading ""What is "Theft of Means of Transportation?"" »

March 7, 2011

How Top Criminal Defense Attorneys use Arizona Criminal Laws to Defend your Mesa AZ Auto Theft Charges

Auto Theft Charges or "Theft of Means of Transportation" Charges in Arizona
Auto Theft in Arizona is also known by its' legal term "Theft of Means of Transportation" and used interchangeably. A conviction for Mesa AZ auto theft can expose you to nearly 9 years in State Prison. Auto Theft charges are serous felonies. The best attorneys in Arizona will advise you to seek legal representation for these charges.

Arizona has some of the highest incidents Auto Thefts in the country, leaving prosecutors and police working vigorously to pursue convictions. They are looking for severe punishments for those convicted of Arizona Auto theft. If charged with Mesa auto theft you will need strong criminal defense representation and should consult a criminal attorney who defends Mesa AZ auto theft charges as soon as possible. to discuss your charges and defense options.

Arizona Auto Theft Laws
Auto Theft Charges in Mesa AZ for purposes of sentencing are governed by the State of Arizona. "Theft of Means of Transportation" or auto theft can be found under criminal code A.R.S. 13-1814. Auto theft is a class 3 felony, and an Arizona victim crime.
Basically, the Arizona Criminal Law requires that in order for the prosecution to convict you (or otherwise the defendant) of auto theft, they must prove the following:
1. You knowingly took a vehicle without permission or legal authority;
2. You took control, converted, or obtained someone else's means of transportation without their consent.
3. Your intent in taking the vehicle was to permanently deprive that entity of another of their vehicle or means of transportation.
So to get a convicted, at least one or more elements must exist:
A. You must have known you were taking a vehicle belonging to someone else..
B. You took control of a vehicle that you knew was stolen.
C. You had no intention of returning it to the rightful owner.

Also, in Arizona, you can be convicted of auto theft and face years in prison if you took possession of a vehicle without knowing who it belonged to, and failed to make a reasonable effort to find it's rightful owner

Auto Theft Penalties in Mesa AZ
Arizona penalties for conviction of non-violent class 3 felony such as auto theft, with no prior criminal record, will expose the defendant to upwards of 8.75 years in state prison, 12 months jail, and restitution or supervised probation, among other penalties the court may order. If the defendant is convicted of Auto theft, and has a prior criminal record, and or any violence was involved, the penalties will increase based on the circumstances of the case.

Criminal Defense Attorney for Auto Theft Charges in Mesa AZ
If you have been accused or charged with Mesa AZ auto theft, you should consult a criminal defense lawyer or Mesa AZ auto theft attorney as soon as possible. A good auto theft defense lawyer will make sure your rights are protected; you are treated fairly throughout the criminal law process; examine all the evidence; determine what defenses will best most effective in your case; interview witnesses; and present compelling arguments on your behalf. The best criminal defense attorneys who defend Mesa AZ charges will make every effort to get your charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "Criminal Laws for Auto Theft: Find out why you may still be charged with Auto Theft even if you did not steal a vehicle" »

March 4, 2011

Arizona has consistently been ranked the fourth highest ranked states in the Country for Auto Theft. Its commonality does not reduce the severe penalties imposed by the State of Arizona if convicted. If you have been arrested, charged or accused of Phoenix AZ auto theft, you should consult an experienced criminal attorney in private practice as soon as possible. Auto theft charges are very serious in Arizona. Auto theft is considered a class 3 Felony, which if convicted exposes defendants to extended prison terms, felony criminal record, and other harsh penalties.

Phoenix Auto Theft Charges or "Theft of Means of Transportation"
Auto Theft Charges in Arizona are governed by the laws of the State of Arizona. They are also known as "Theft of Means of Transportation". Arizona auto theft laws are defined and classified under criminal code A.R.S. 13-1814. Auto theft is a class 3 felony, and an Arizona victim crime.

Criminal Laws for Auto Theft in Arizona
In order to convict a defendant of Auto Theft or Theft of Means of Transportation in Phoenix Arizona, the prosecution needs to prove the following:

1. You knowingly took a vehicle without permission or legal authority;
2. You controlled, converted or obtained another person's means of transportation.
3. Your intent was to permanently deprive another of their automobile.

Under this Arizona Criminal Laws the defendant must have "known" they were taking someone else's vehicle; or they took control while "knowing" it was stolen; and their intent was not to return it to the rightful owner. Further a defendant can be convicted of auto theft if they failed to provide a reasonable effort to determine the true owner.

Phoenix AZ Theft Penalties
The penalties for conviction of non-violent class 3 felonies, with no criminal record convictions, among other penalties will expose the defendant to upwards of 8.75 years in state prison, 12 months jail, and restitution or supervised probation, more. If the defendant is convicted of Auto theft, and has a prior criminal record, and or any violence was involved, the penalties will increase based on the circumstances surrounding the charges.

Phoenix AZ Criminal Defenses for Auto Theft
Phoenix AZ relentlessly pursues convictions for those accused of committing auto theft. That is one reason it is important that you consult an experienced criminal defense attorney in private practice in Arizona as soon as possible.

There are possible defenses that are often used for auto theft charges, and are often used by good experienced criminal attorneys. In general some defenses include but are not limited to the following:

1) The defendant thought they had "Consent". This typically occurs with family members, friends, or domestic partners, where the defendant at one point was a permissive user, and then the owner made the defendant aware that their permission was no longer valid and they rescinded their permission.

2) Another defense is what is known as "Mistake of Fact". This happens when someone purchases, or borrows an automobile, from someone they believe is the rightful owner or has authority to sell, or lend. Then the defendant learns it was a stolen vehicle. Your experienced criminal defense attorney would argue that you did not have knowledge that it was a stolen vehicle and did not intend to deprive the rightful owner of their means of transportation.

These are just a few defenses of many that are used by Phoenix auto theft defense trial lawyers in Arizona. There are as other defenses that can be used depending on the facts of your case. It is one thing to know what the defenses are v. knowing what they are, when and how to use them to present compelling arguments through the Arizona criminal Justice System on your behalf. A good criminal defense lawyer in Arizona will do everything possible to protect your rights, make sure you are treated fairly and challenge the Auto Theft charges on your behalf. Top local Phoenix AZ attorneys will make every effort to get your charges dismissed, reduced or the otherwise best possible outcome in your case.

Continue reading "Two common legal defenses for Auto Theft Charges" »

May 10, 2010

THEFT - Criminal Defense Attorney - Arizona Laws

A crime of theft is defined as the illegal act of taking or using another person's property without permission or consent. It is also considered a theft crime to accept or receive property that you know to be stolen. Theft crimes classifications can range from acts of stealing from a store to the more serious felony crime of taking money from a corporation. If you have been accused of committing a theft crime, it is important for you to consider hiring an Arizona criminal attorney experienced in defending theft charges.

There are many forms of theft charges. The two major categories can fall within
"petty theft" and "grand theft". Grand theft is also known as "Larceny". The main differences between the two involve the following factors:

1) The value of the item stolen. In order to be considered grand theft the total value of what was taken must exceed a certain dollar amount. In Arizona that amount is $500.00. Any item stolen that exceeds $500.00 is considered to be "grand theft". That threshold his subject to change as money changes in value.

2) The level of conduct involved used to steal the item

3) Whether or not the person (s) who committed the crime had any prior thefts or other record of criminal offenses.

Other factors may be considered by the state and prosecution. The difference in the two (petty theft and grand theft) is that petty theft is a misdemeanor, while grand theft is usually considered a felony. Which category the crime falls within can have a huge impact on the sentencing.

Felonies carry sever penalties and have long term adverse consequences. A conviction of felony theft will almost always involve incarceration. However, A conviction of petty theft may be involve less severe sentencing such as deferred with counseling, probation, community service, fines and restitution. In any event, you should consult an Arizona criminal defense attorney if you have been charged with any form of theft to make sure your rights are protected, and to discuss if legal representation is needed.

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April 21, 2010

ARIZONA THEFT ATTORNEY

Theft charges can be serious in Arizona. The police and prosecution aggrievedly pursue convictions for theft crimes. The range of sentencing for Arizona theft charges can be severe with criminal defense penalties that include probation, fines, restitution, community service, counseling, jail, prison and other punishments. If you face serious Arizona theft charges, hiring an experienced theft attorney can mean the difference between getting convicted of Arizona theft charges subject to severe punishments, or obtaining a more lenient sentence and possible dismissal. The choice is yours. But an experienced Arizona Criminal Attorney will agree with the motto: "Don't gamble with your future".

Arizona theft charges range from obtaining by false pretense, larceny, burglary, or theft of property. In its simplest terms, it is unlawful for anyone to steal, take or carry away property belonging to another person (s) or entity. A theft crime is defined as the illegal act of taking or using another person's property without permission or consent. It is also considered a theft crime to accept or receive property that you know to be stolen. Theft crimes classifications can range from acts of stealing from a store to the more serious felony crime of taking money from a corporation.

If you have been accused of committing a theft crime, it is important for you to consider hiring an Arizona theft criminal defense attorney who has experience handling cases of these types of charges. Phoenix theft crimes defense lawyer James Novak has been working in the Arizona criminal justice system for over 12 years, and has successfully defended clients charged wit a number of theft crimes, such as:

  • Misdemeanor theft
  • Felony theft
  • Auto theft
  • Embezzlement
  • Burglary
  • Robbery
  • Armed Robbery
  • Carjacking
  • Credit card theft
  • Identity theft
  • Fraud
  • Forgery
Arizona Criminal Penalties for Theft Charges The penalties for Arizona theft charge convictions will depend largely on the value of the property that was stolen, the number of items taken, the manner in which it was taken, was a weapon used, and the criminal history of the accused. If you have been accused of theft charges in the Phoenix metro area or anywhere valley-wide, you can be certain the police and prosecutors are going to come after you to seek a conviction. In their eyes, you are already guilty. Now they just have to build their case to prove it. It is critical that you contact a Phoenix Criminal Attorney experienced in defending theft charges as quickly as possible.

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