Theft, Robbery and Burglary

Note: The law office of Michael Terribile offers the following information as a general description of acts that Arizona laws are designed to address. This list does not include every act that would violate the laws of Arizona, but is provided as a sampling of those acts. The descriptions are not intended as legal definitions of the crimes. Additionally, laws differ from state to state. Contact Mr. Terribile, an experienced criminal defense lawyer, to address any questions about acts that could be prosecuted as criminal offenses.

Criminal trespass is the act of being on the property of another person without that person’s permission.

Possession of burglary tools is the act of possessing any object that can be used to gain unlawful entry with the intent to use that object for that purpose.

Burglary is the act of being in a place [Think car, yard, fenced property, or home.] with the intent of committing theft or some other felony.

Burglary in the first degree is the act of committing any burglary while in possession of a deadly weapon or dangerous instrument.

Criminal damage and aggravated criminal damage is the act of defacing, damaging or tampering with the property of another person.

Arson is the act of causing damage to any structure or property by means of a fire or explosion.

Theft is the act of taking control of another person’s property with the intent of depriving the owner of that property.

Another form of theft is the unlawful use of a means of transportation. This is the act of temporarily taking a vehicle. [Think taking a car, truck, motorcycle for a joy ride.] The simple of act of being in such a vehicle while having reason to know that the vehicle was being used unlawfully is a violation of the law.

The crime of theft also can be committed by way of extortion. This is the act of obtaining or trying to obtain property by threatening to do something.

Shoplifting is yet another form of theft. This is the act of taking something from a store without paying for the item. It also can be committed by charging the price of the item(s) to a fictitious person or to another person without permission.

Theft can be committed by the unlawful failure to return rented or leased property. This is the act of failing to return rented property without permission of the owner, without good cause. [Think break down of a rented car].

Theft also can be committed by issuing a bad check. This is the act is knowingly issuing a check that is going to bounce.

Robbery is the act of taking the property of another person by the use or threatened use of force.

Aggravated robbery is the act of committing a robbery as described above while being aided by at least one other accomplice.

Armed robbery is the act of committing any robbery while armed with a deadly weapon or something that looks like a deadly weapon, or dangerous instrument.

Forgery is the act of falsely making, completing or altering a written instrument with the intent to defraud some person or business. [Think any kind of document like a check, a bill of sale, a receipt.] Forgery can be committed by simply being in possession of such a written instrument with the knowledge that it is forged.

Criminal possession of a forgery device is the act of making or possessing any object designed or used to create forged documents. [Think plate, dye equipment, access device or material.]

Criminal simulation is the act of making, altering or presenting any object so that it appears to have a value that it does not, in fact, have.

Criminal impersonation is the act of assuming a false identity with the intent to defraud another person.

Taking the identity of another person is the act of possessing, creating, or using the personal identifying information of another person, real or fictitious, without the consent of that person, for the purpose of using that identity for any unlawful purpose, including the otherwise innocent purpose of merely obtaining employment.

Aggravated taking the identity of another person is the act of taking on an identity as described above involving at least 3 other identities or causes a loss of $3000 or more.

Trafficking in the identity of another person is the act of giving away or selling the personal identifying information of another person for any unlawful purpose.

Misconduct involving weapons is the act of carrying a concealed deadly weapon [except a pocket knife] without a permit; or possessing a deadly weapon if the person is a prohibited possessor [Think someone with a prior felony record.]; selling or transferring a deadly weapon to a prohibited possessor; defacing or possessing a defaced deadly weapon; using or possessing a deadly weapon during the commission of a drug related offense; discharging a firearm at an occupied structure in order to assist a criminal street gang, criminal syndicate, or racketeering enterprise; refusing to surrender a firearm while attending a public event or in a public establishment after a reasonable request to do so by the sponsor of the event or operator of the establishment; possessing a deadly weapon in a polling place, school.

Unlawful discharge of a weapon is the criminally negligent discharge a weapon within or into the limits of any municipality. [Think city or town.]