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                                      Theft Charges
# Theft Charges
**Tempe Lawyers for Defenses to Theft Charges**
Tempe prosecutors take charges involving the theft of goods or services seriously. Those convicted of theft could spend years in prison. The stigma of the conviction can haunt you far into the future, not only socially, but also in terms of your ability to secure housing or a job or a professional license. If you are concerned about defeating charges of theft, it is important to call the experienced Tempe theft defense attorney James E. Novak. Mr. Novak is a former prosecutor who now brings his insights into how prosecutors think to building strong defenses for clients accused of theft and other crimes.
**Theft**
Theft is criminalized under A.R.S. section 13-1802. Under this statute, people can be convicted of theft when a prosecutor can show beyond a reasonable doubt they knowingly used or appropriated someone else’s property when they did not have the legal authority to do so. You could be charged with theft in a variety of ways. For instance, you could be charged if you control someone else’s property intending to deprive the other of it. You could also be charged if you controlled somebody else’s property though you knew or had reason to know what you controlled was stolen property.
When charged with theft, you could face felony charges. The value of the property or services that are alleged to have been stolen will determine the class of felony. The prosecutor will need to establish the value of the property or services. There are different classes of theft based on what can be proven about its value. For instance, when the property you stole is at least $25,000, you could face class 2 felony charges. When the property or services you took amount to $4000 - $25,000, you could face class 3 felony charges. When the property or services are worth $3000 - $4000, you could be charged with a class 4 felony. A class 5 felony would be charged when property or services are $2000 - $3000. A class 6 felony would be charged when the property or services are worth $1000 - $2000. When what is in question is property or services that are valued at less than $1000, you could face a class 1 misdemeanor conviction, which could result in a maximum of 6 months in jail.
**Defenses to Theft Charges**
A conviction is not inevitable. There are various legal defenses our lawyers may be able to successfully raise. Like other crimes, theft must be established beyond a reasonable doubt; this means each element needs to be airtight. We may be able to establish a defense if we can raise reasonable doubt about one or more elements. For instance, perhaps you didn’t have the requisite knowledge that you were taking something that belonged to someone else and we can make this showing. Or perhaps we can demonstrate you didn’t take anything with knowledge that your act constituted stealing. For example, if you grabbed a chair that was on the sidewalk because you believed it had been abandoned, we might be able to show you didn’t knowingly take something belonging to somebody else.
There are also more substantive defenses we could establish. There would be a complete defense if our lawyers could show you were the true owner of the services or property. For example, if your housemate and you own similar ballgowns and she says you stole hers, we could establish a defense by showing you were the true owner of the ballgown.
Sometimes property or services are not worth less than claimed by the victim, the police, or the prosecutor. We will consider whether it is appropriate to show that the property or services have been improperly valued. It could be a strong defense, for example, if you’ve been charged with a class 3 felony for taking goods purportedly worth $8,000, to show that the goods are actually worth $2900 because that would drop the charge to a class 4 felony and significantly reduce prison time; in that situation, the prosecutor may be amenable to a plea deal.
**Retain an Experienced Theft Defense Attorney**
If you are concerned about theft charge defenses, you should discuss your situation with Tempe lawyer James E. Novak. He develops the strongest available strategies for those accused of theft in Phoenix, as well as Gilbert, Chandler, Mesa, and Maricopa County. Contact him at (480) 413-1499 or complete our .
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We serve clients throughout Arizona including those in the following localities: Maricopa County including Ahwatukee, Apache Junction, Chandler, Fort McDowell, Fountain Hills, Gilbert, Guadalupe, Mesa, Phoenix, Queen Creek, Scottsdale, Sun Lakes, and Tempe; and Arizona State University Campuses in Maricopa County.
Theft Charges | Phoenix Criminal Defense Lawyer James E. Novak
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                                      Sexual Offenses
# Sexual Offenses
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Although sex crime accusations can arise from accidental or unintentional conduct, or even if the alleged offender was unaware their actions were illegal, they can unfortunately receive very serious repercussions. Sex offense criminal charges and convictions in Mesa can often result in any of the following consequences:
* Damage to personal and business relationships;
* Damage to the alleged offender’s reputation;
* Sex offender registration requirements,
* Ineligibility to pursue certain jobs or occupations,
* Refusal to be admitted to certain school or educational opportunities;
* Jail or prison sentences,
* Fines, and/or
* A criminal record.
Arizona law also frequently requires the alleged offender to face additional penalties and mandatory minimum prison sentences if the offense was committed against a child, if the offense was violent, or if the alleged offender was a repeat offender.
If you have been accused of engaging in illegal sexual acts, it is important to hire an experienced criminal lawyer in Mesa who will help you create your best defense to the allegations against you and make every effort to help you avoid the most serious penalties to your sex crime charges.
**Mesa Sexual Offenses Lawyer**
If you have been accused of committing a sex crime in Mesa, or any of the surrounding areas in Arizona, including Phoenix, Gilbert, Tempe, Chandler, Scottsdale or East Valley, contact the Law Office of James E. Novak. Attorney James Novak is knowledgeable in all areas of Arizona’s sex crime laws and will make every effort to fight the allegations against you and help you achieve the most desirable outcome for your particular situation. Call the Law Office of James E. Novak for a free consultation at (480) 413-1499 about your alleged sexual offense.
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**Arizona Sex Crimes Information Center**
 **Mesa Sexual Assault Offenses**
Allegations of sexual assault are very serious and can often lead to lengthy prison sentences in addition to requirements to register as a sex offender in Arizona. The most commonly prosecuted sexual offenses in Mesa are defined in the Arizona Revised Statutes as follows:
Sexual Assault – ARS § 13-1406 – An individual can be charged with this offense if they intentionally or knowingly engage in sexual intercourse or oral sexual conduct with any person without the consent of that person. This offense is punishable as a class 2 felony with minimum mandatory prison time.
Sexual Abuse – ARS § 13-1404 – An individual can be charged with this offense if they intentionally or knowingly engage in sexual contact with any person who is 15 or older without consent of that person, or with any female breasts under the age of 15. This offense is punishable as a class 3 or class 5 felony.
Sexual Misconduct – ARS § 13-1418 – A psychiatrist, psychologist or other behavioral health professional can be charged with this offense if they intentionally or knowingly engage in sexual intercourse with a client under their care or supervision. This offense is punishable as a class 6 felony.
Violent Sexual Assault – ARS § 13-1423 – An individual can be charged with this offense if they commit sexual abuse, sexual conduct with a minor, or sexual assault and:
* Use a deadly weapon during the commission of the offense, or
* Has a previous conviction for another sexual offense and intentionally or knowingly inflicts serious physical injury on the victim.
A conviction for this offense can result in life imprisonment without the possibility of parole.
 **Public Nudity Crimes in Tempe**
Most public nudity offenses in Tempe are the result of harmless acts, pranks or drunken behavior. Unfortunately, this type of conduct can occasionally result in criminal charges, and possibly serious repercussions.
Indecent Exposure – ARS § 13-1402 – An individual can be charged with this offense if they expose their genitals, anus, female areola or nipples, and another person is present. In order to be charged with this offense, the alleged offender must also act recklessly as to whether a reasonable person would find the actions harmful or offensive. Indecent exposure is punishable as a class 1 misdemeanor or a class 6 felony.
 **Child Sex Crimes in Tempe**
Child sex crimes often result in the most serious repercussions in Tempe, even in cases where the alleged offender was unaware the victim was underage or the alleged offender did not intentionally or knowingly commit the criminal act.
Sexual Conduct with a Minor – ARS § 13-1405 – An individual can be charged with this offense if they intentionally or knowingly engage in sexual intercourse or oral sexual contact with any person who is under the age of 18. This offense is also known as statutory rape. Sexual Conduct with a Minor is punishable as a class 2 or class 6 felony, depending on the age of the child.
Sexual Exploitation of a Minor – ARS § 13-3552 – An individual can be charged with this offense if they knowingly use, employ, persuade, entice, induce or coerce a minor to engage in or assist others to engage in exploitive behavior, exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct. This offense is also commonly known as child pornography and can result in a class 2 felony conviction.
Child Molestation – ARS § 13-1410 – An individual can be charged with this offense if they intentionally or knowingly engage in or cause a person to engage in sexual contact with a child under the age of 15. However, sexual contact with a female’s breast is not considered child molestation in Arizona. This offense is punishable as a class 2 felony.
 **Defenses to Sex Crimes in Arizona**
The Arizona Revised Statutes § 13-1407 lists defenses to certain sex crimes throughout the state. These are commonly known as affirmative defenses, which means the alleged offender is admitting the act occurred, but there was a defense to the criminal charges in order to prevent prosecution. These defenses are as follows:
* An individual accused of sexual abuse or sexual conduct with a minor can avoid criminal prosecution if the act was done in furtherance of lawful medical practice.
* An individual accused of sexual abuse or sexual conduct with a minor can avoid criminal prosecution if the alleged victim was not able to consent to the act because they were 15, 16 or 17 years old, and the alleged offender did not know and could not have reasonably known the age of the victim.
* An individual accused of sexual abuse or sexual conduct with a minor can avoid criminal prosecution if the alleged victim was the spouse of the alleged offender at the time of the act.
* An individual accused of sexual abuse and molestation of a child can avoid criminal prosecution if the alleged offender was not motivated by sexual interest.
* An individual accused of sexual abuse can avoid criminal prosecution if the alleged victim was under 15 years old and the alleged offender was not motivated by sexual interest.
* An individual accused of sexual conduct with a minor can avoid criminal prosecution if the alleged victim was 15, 16 or 17 years old at the time of the offense, the alleged offender was under 19 years old or attending high school, the alleged offender was no more than 24 months older than the alleged victim at the time of the offense, and the conduct was consensual.
 **Arizona Sex Offender Registration**
According to Arizona Revised Statutes § 13-3821, individuals who have been convicted of a variety of sex offenses in Arizona are required to register with the sheriff in any county they enter within ten days and remain in that county if they have received a conviction for any of the following offenses:
* Unlawful imprisonment;
* Kidnapping;
* Sexual abuse;
* Sexual conduct with a minor;
* Sexual assault;
* Molestation of a child;
* Continuous sexual abuse of a child;
* Taking a child for the purpose of prostitution;
* Child prostitution;
* Sexual exploitation of a minor;
* Luring a minor for sexual exploitation;
* Sex trafficking of a minor; or
* Second or subsequent indecent exposure.
A convicted sex offender may be required to register for a period of ten years for all sexual offenses except kidnapping or unlawful imprisonment of a minor. Anyone who has at least one prior conviction or was adjudicated guilty of a sexual offense requiring registration is required to register for life upon a second or subsequent conviction.
Any failure to comply with registration laws can result in an additional conviction for a class 4 felony offense. Additionally, all sex offenders are required to obtain a special Arizona driver’s license that indicates the holder is subject to sex offender registration. Any failure to obtain this license can result in a Class 1 misdemeanor conviction and a $250 assessment.
 **Mesa Resources for Sexual Offenses**
Arizona Revised Statutes – Chapter 14 of Title 13 of the Arizona Revised Statutes lists all sexual offenses and the penalties for committing a sexual offense in Arizona, including sexual abuse, public indecency, sexual conduct with a minor and sexual assault. This link is the definitions associated with sexual offenses in Arizona.
Arizona Sex Offender Registration Laws – This website contains the registration requirements for individuals who have been convicted of sexual offenses in Arizona, as provided by the Arizona Department of Public Safety.
Center for Sex Offender Management – This national organization aims to enhance public safety by preventing further sex crime victimization through improving the management of adult and juvenile sex offenders.
The Association for the Treatment of Sexual Abusers – This national organization’s goal is to prevent sexual abuse by educating the public, researching, and learning about policies and strategies in order to effectively treat and manage sex offenders.
**Law Office of James E. Novak, PLLC | Sex Crime Attorney in Tempe**
Contact the Law Office of James E. Novak today for a consultation about your sexual offense throughout Maricopa County in Arizona. James Novak is an experienced criminal defense lawyer in Tempe who will make every effort to find applicable defenses or mitigating factors in order to have your charges reduced or even dismissed. Contact the Law Office of James E. Novak at (480) 413-1499 for a consultation about your sex crime allegations throughout Maricopa County in Arizona.
Sexual Offenses | Phoenix Criminal Defense Lawyer James E. Novak