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Call Now: 480-775-4800

Property Crime Charges

Aggravated Taking the Identity of Another

13-2009. Aggravated taking identity of another person or entity; classification A. A person commits aggravated taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information or entity identifying information of either: 1. Three or more other persons or entities, including real or fictitious persons or entities, without the consent of the other persons or entities, with the intent to obtain or use the other persons’ or entities’ identities for any unlawful purpose or to cause loss to the persons or entities whether or not the persons or entities actually suffer any economic loss. 2. Another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain or use the other person’s or entity’s identity for any unlawful purpose and causes another person or entity to suffer an economic loss of three thousand dollars or more. 3. Another person, including a real or fictitious person, with the intent to obtain employment. B. In an action for aggravated taking the identity of another person or entity under subsection A, paragraph 1 of this section, proof of possession out of the regular course of business of the personal identifying information or entity identifying information of three or more other persons or entities may give rise to an inference that the personal identifying information or entity identifying information of the three or more other persons or entities was possessed for an unlawful purpose. C. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age. D. Aggravated taking the identity of another person or entity is a class 3 felony.

Arson of Property or Structure

Arson requires proof of the following two things: 1. A person knowingly caused a fire or explosion; and 2. As a result of this fire or explosion, the person knowingly and unlawfully damaged a structure or property.
The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with arson. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with arson.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of arson that person is often facing a prison sentence. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with arson it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for arson in Arizona is Arizona Revised Statute 13-1703 13-1703. Arson of a structure or property; classification A. A person commits arson of a structure or property by knowingly and unlawfully damaging a structure or property by knowingly causing a fire or explosion. B. Arson of a structure is a class 4 felony. Arson of property is a class 4 felony if the property had a value of more than one thousand dollars. Arson of property is a class 5 felony if the property had a value of more than one hundred dollars but not more than one thousand dollars. Arson of property is a class 1 misdemeanor if the property had a value of one hundred dollars or less.

Criminal Trespass in the First Degree

The crime of criminal trespass in the first degree requires proof of any of the following: 1. The defendant knowingly entered or remained unlawfully in a residential structure or fenced residential yard; or 2. The defendant entered a residential yard and without authority looked into the residential structure in reckless disregard of infringing on the inhabitant’s right of privacy; or 3. The defendant knowingly entered real property sub­ject to a valid mineral claim, with the intent to explore for minerals; or 4. The defendant knowingly entered or remained unlawfully on the property of another and burned, defaced, mutilated, or otherwise desecrated a reli­gious symbol or other religious property of another without the express permission of the owner of the property.

Criminal Trespass

Criminal trespass requires proof of any of the following:

1. A person knowingly entered or remained unlawfully in a residential structure or fenced residential yard; or 2. A person entered a residential yard and without authority looked into the residential structure in reckless disregard of infringing on the inhabitant’s right of privacy; or 3. A person knowingly entered real property sub­ject to a valid mineral claim, with the intent to explore for minerals; or 4. A person knowingly entered or remained unlawfully on the property of another and burned, defaced, mutilated, or otherwise desecrated a reli­gious symbol or other religious property of another without the express permission of the owner of the property.
The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with criminal trespass. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss many cases in which our clients were charged with criminal trespass.

If a person is convicted of criminal trespass that person is often facing a jail sentence. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is charged with or even thinks that they may be charged with criminal trespass it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for criminal trespass in Arizona is Arizona Revised Statute 13-1504
13-1504. Criminal trespass

A. A person commits criminal trespass in the first degree by knowingly: 1. Entering or remaining unlawfully in or on a residential structure. 2. Entering or remaining unlawfully in a fenced residential yard. 3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant’s right of privacy. 4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease. 5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property. 6. Entering or remaining unlawfully in or on a critical public service facility. B. Criminal trespass in the first degree under subsection A, paragraph 1, 5 or 6 is a class 6 felony. Criminal trespass in the first degree under subsection A, paragraph 2, 3 or 4 is a class 1 misdemeanor.

Forgery of Credit Card

13-2104. Forgery of credit card; classification A. A person commits forgery of a credit card if the person: 1. With intent to defraud, alters any credit card, falsely makes, manufactures, fabricates or causes to be made, manufactured or fabricated an instrument or device purporting to be a credit card without the express authorization of an issuer to do so, or falsely embosses or alters a credit card, or instrument or device purporting to be a credit card, or utters such a credit card or instrument or device purporting to be a credit card; or 2. Other than the cardholder, with intent to defraud, signs the name of any actual or fictitious person to a credit card or instrument for the payment of money which evidences a credit card transaction. B. Forgery of a credit card is a class 4 felony.
Forgery

Forgery requires proof of the following two things:

1. The defendant knowingly offered or presented a artifice which had been falsely made, completed, or altered contained false infor­mation; and 2. The defendant offered or presented it with the intent to defraud. It is not necessary to the crime of forgery that the offer be accepted

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with forgery. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with forgery.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of forgery that person is facing a prison sentence. That prison sentence ranges from 1-4 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with forgery it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for forgery in Arizona is Arizona Revised Statute 13-1904
13-2002. Forgery; classification

A. A person commits forgery if, with intent to defraud, the person: 1. Falsely makes, completes or alters a written instrument; or 2. Knowingly possesses a forged instrument; or 3. Offers or presents, whether accepted or not, a forged instrument or one that contains false information. B. The possession of five or more forged instruments may give rise to an inference that the instruments are possessed with an intent to defraud. C. Forgery is a class 4 felony.

Fraud Schemes

13-2310. Fraudulent schemes and artifices; classification; definition A. Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions is guilty of a class 2 felony. B. Reliance on the part of any person shall not be a necessary element of the offense described in subsection A of this section. C. A person who is convicted of a violation of this section that involved a benefit with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. D. The state shall apply the aggregation prescribed by section 13-1801, subsection B to violations of this section in determining the applicable punishment. E. As used in this section, “scheme or artifice to defraud” includes a scheme or artifice to deprive a person of the intangible right of honest services.

Fraudulent Schemes and Practices

Fraudulent schemes and practices requires proof of the following: 1. Pursuant to a scheme or artifice to defraud or deceive, A person(s) knowingly falsified concealed covered up a material fact by a trick scheme device; or The person(s) made used a writing document containing any false fictitious fraudulent statement entry; and 2. Person’s acts resulted in another’s loss.
The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with robbery. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with robbery.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of robbery that person is facing a prison sentence. That prison sentence ranges from 3-12 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with robbery it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for fraud schemes in Arizona is Arizona Revised Statute 13-1902
13-2310. Fraudulent schemes and artifices

A. Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions is guilty of a class 2 felony. B. Reliance on the part of any person shall not be a necessary element of the offense described in subsection A of this section. C. A person who is convicted of a violation of this section that involved a benefit with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. D. The state shall apply the aggregation prescribed by section 13-1801, subsection B to violations of this section in determining the applicable punishment. E. As used in this section, “scheme or artifice to defraud” includes a scheme or artifice to deprive a person of the intangible right of honest services.

Fraudulent Use of a Credit Card

13-2105. Fraudulent use of a credit card; classification A. A person commits fraudulent use of a credit card if the person: 1. With intent to defraud, uses, for the purposes of obtaining or attempting to obtain money, goods, services or any other thing of value, a credit card or credit card number obtained or retained in violation of this chapter or a credit card or credit card number which the person knows is forged, expired, cancelled or revoked; or 2. Obtains or attempts to obtain money, goods, services or any other thing of value by representing, without the consent of the cardholder, that the person is the holder to a specified card or by representing that the person is the holder of a credit card and the card has not in fact been issued. B. Fraudulent use of a credit card is a class 1 misdemeanor. If the value of all money, goods, services and other things of value obtained or attempted to be obtained in violation of this section is two hundred fifty dollars or more but less than one thousand dollars in any consecutive six-month period the offense is a class 6 felony. If the value of all money, goods, services and other things of value obtained or attempted to be obtained in violation of this section is one thousand dollars or more in any consecutive six-month period the offense is a class 5 felony.

Perjury

13-2702. Perjury; classification

A. A person commits perjury by making either: 1. A false sworn statement in regard to a material issue, believing it to be false. 2. A false unsworn declaration, certificate, verification or statement in regard to a material issue that the person subscribes as true under penalty of perjury, believing it to be false. B. Perjury is a class 4 felony.
Possession of Burglary Tools

13-1505. Possession of burglary tools; master key; manipulation key; classification

A. A person commits possession of burglary tools by: 1. Possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary as defined in sections 13-1506, 13-1507 and 13-1508 and intending to use or permit the use of such an item in the commission of a burglary. 2. Buying, selling, transferring, possessing or using a motor vehicle manipulation key or master key. B. Subsection A, paragraph 2 of this section does not apply to a person who either: 1. Uses a master key in the course of the person’s lawful business or occupation, including licensed vehicle dealers and manufacturers, key manufacturers who are engaged in the business of designing, making, altering, duplicating or repairing locks or keys, locksmiths, loan institutions that finance vehicles and law enforcement. 2. Transfers, possesses or uses no more than one manipulation key, unless the manipulation key is transferred, possessed or used with the intent to commit any theft or felony. C. Possession of burglary tools is a class 6 felony.

Robbery

Robbery requires proof of the following four things:

1. A person took another person’s property; and 2. The taking was from the other person’s person or immediate presence; and 3. The taking was against the other person’s will; and 4. The person threatened or used force against any person with the intent to coerce surrender of the property or to prevent resistance to taking or keeping the property.
The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with robbery. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with robbery.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of robbery that person is facing a prison sentence. That prison sentence ranges from 7-21 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with robbery it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for robbery in Arizona is Arizona Revised Statute 13-1902

13-1902. Robbery; classification A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property. B. Robbery is a class 4 felony.

Stalking

13-2923. Stalking; classification; definitions

A. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct either: 1. Would cause a reasonable person to fear for the person’s safety or the safety of that person’s immediate family member and that person in fact fears for their safety or the safety of that person’s immediate family member. 2. Would cause a reasonable person to fear death of that person or that person’s immediate family member and that person in fact fears death of that person or that person’s immediate family member. B. Stalking under subsection A, paragraph 1 of this section is a class 5 felony. Stalking under subsection A, paragraph 2 is a class 3 felony. C. For the purposes of this section: 1. “Course of conduct” means maintaining visual or physical proximity to a specific person or directing verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short, but does not include constitutionally protected activity. 2. “Immediate family member” means a spouse, parent, child or sibling or any other person who regularly resides in a person’s household or resided in a person’s household within the past six months.

Taking the Identity of Another

13-2008. Taking identity of another person or entity; knowingly accepting identity of another person; classification A. A person commits taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain or use the other person’s or entity’s identity for any unlawful purpose or to cause loss to a person or entity whether or not the person or entity actually suffers any economic loss as a result of the offense, or with the intent to obtain or continue employment. B. A person commits knowingly accepting the identity of another person if the person, in hiring an employee, knowingly does both of the following: 1. Accepts any personal identifying information of another person from an individual and knows that the individual is not the actual person identified by that information. 2. Uses that identity information for the purpose of determining whether the individual who presented that identity information has the legal right or authorization under federal law to work in the United States as described and determined under the processes and procedures under 8 United States Code section 1324a. C. On the request of a person or entity, a peace officer in any jurisdiction in which an element of an offense under this section is committed, a result of an offense under this section occurs or the person or entity whose identity is taken or accepted resides or is located shall take a report. The peace officer may provide a copy of the report to any other law enforcement agency that is located in a jurisdiction in which a violation of this section occurred. D. If a defendant is alleged to have committed multiple violations of this section within the same county, the prosecutor may file a complaint charging all of the violations and any related charges under other sections that have not been previously filed in any precinct in which a violation is alleged to have occurred. If a defendant is alleged to have committed multiple violations of this section within the state, the prosecutor may file a complaint charging all of the violations and any related charges under other sections that have not been previously filed in any county in which a violation is alleged to have occurred. E. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age. F. Taking the identity of another person or entity or knowingly accepting the identity of another person is a class 4 felony.

Trafficking in Stolen Property

13-2307. Trafficking in stolen property; classification A. A person who recklessly traffics in the property of another that has been stolen is guilty of trafficking in stolen property in the second degree. B. A person who knowingly initiates, organizes, plans, finances, directs, manages or supervises the theft and trafficking in the property of another that has been stolen is guilty of trafficking in stolen property in the first degree. C. Trafficking in stolen property in the second degree is a class 3 felony. Trafficking in stolen property in the first degree is a class 2 felony.

Theft of a Credit Card

13-2102. Theft of a credit card or obtaining a credit card by fraudulent means; classification A. A person commits theft of a credit card or obtaining a credit card by fraudulent means if the person: 1. Controls a credit card without the cardholder’s or issuer’s consent through conduct prescribed in section 13-1802 or 13-1804; or 2. Sells, transfers or conveys a credit card with the intent to defraud; or 3. With intent to defraud, obtains possession, care, custody or control over a credit card as security for debt. B. Theft of a credit card or obtaining a credit card by fraudulent means is a class 5 felony.
Theft By Control With Intent To Deprive

The crime of theft requires proof of the following two things:

  1. The defendant knowingly controlled another person’s property; and
  2. The defendant intended to deprive the other person of the property.

13-1802. Theft; classification

A. A person commits theft if, without lawful authority, the person knowingly: 1. Controls property of another with the intent to deprive the other person of such property; or 2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant’s possession for a limited, authorized term or use; or 3. Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or 4. Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person’s own or another’s use without reasonable efforts to notify the true owner; or 5. Controls property of another knowing or having reason to know that the property was stolen; or 6. Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another’s services to the person’s own or another’s benefit without authority to do so. B. A person commits theft if the person knowingly takes control, title, use or management of an incapacitated or vulnerable adult’s assets or property through intimidation or deception, as defined in section 46-456, while acting in a position of trust and confidence and with the intent to deprive the incapacitated or vulnerable adult of the asset or property. C. The inferences set forth in section 13-2305 apply to any prosecution under subsection A, paragraph 5 of this section. D. At the conclusion of any grand jury proceeding, hearing or trial, the court shall preserve any trade secret that is admitted in evidence or any portion of a transcript that contains information relating to the trade secret pursuant to section 44-405. E. 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 a dog taken for the purpose of dog fighting in violation of section 13-2910.01, in which case the theft is a class 6 felony. F. A person who is convicted of a violation of subsection A, paragraph 1 or 3 of this section that involved property with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

Trafficking in the Identity of Another Person

13-2010. Trafficking in the identity of another person or entity; classification A. A person commits trafficking in the identity of another person or entity if the person knowingly sells, transfers or transmits any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of the other person or entity for any unlawful purpose or to cause loss to the person or entity whether or not the other person or entity actually suffers any economic loss, or allowing another person to obtain or continue employment. B. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age. C. Trafficking in the identity of another person or entity is a class 2 felony.

Unlawful Discharging a Firearm in City Limits

13-3107. Unlawful discharge of firearms; exceptions; classification; definitions A. A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony. B. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless a dangerous offense is alleged and proven pursuant to section 13-704, subsection L, section 13-604 applies to this offense. C. This section does not apply if the firearm is discharged: 1. As allowed pursuant to chapter 4 of this title. 2. On a properly supervised range. 3. In an area recommended as a hunting area by the Arizona game and fish department, approved and posted as required by the chief of police, but any such area may be closed when deemed unsafe by the chief of police or the director of the Arizona game and fish department. 4. For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service. 5. By special permit of the chief of police of the municipality. 6. As required by an animal control officer in the performance of duties as specified in section 9-499.04. 7. Using blanks. 8. More than one mile from any occupied structure as defined in section 13-3101. 9. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person. D. For the purposes of this section: 1. “Municipality” means any city or town and includes any property that is fully enclosed within the city or town. 2. “Properly supervised range” means a range that is any of the following: (a) Operated by a club affiliated with the national rifle association of America, the amateur trapshooting association, the national skeet association or any other nationally recognized shooting organization, or by any public or private school. (b) Approved by any agency of the federal government, this state or a county or city within which the range is located. (c) Operated with adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property.

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