Two Class 1 Misdemeanor shoplifting counts in Scottsdale City Court could have left the client with a permanent theft record for life. Future First pressed the State on proof and got both counts dismissed before trial.

At a glance

Court	Scottsdale City Court
Original charges	Shoplifting – Removal of Goods (ARS § 13-1805(A)(1)), Class 1 Misdemeanor; Shoplifting – Concealment (ARS § 13-1805(A)(5)), Class 1 Misdemeanor
Presumptive exposure per count	Up to 180 days jail, $2,500 fine plus surcharges, up to 3 years probation
Result	Both counts dismissed before trial on State’s Motion to Dismiss
Conviction	None
Eligibility for set aside	N/A (no conviction)
Eligibility for sealing	Immediate under ARS § 13-911 in 2018 (case ended in dismissal)

The stakes

The client was charged in Scottsdale City Court in 2018 with two counts of shoplifting. The State filed both counts as Class 1 Misdemeanors under ARS § 13-1805. Each count exposed the client to up to 180 days in jail, a $2,500 fine plus surcharges, and up to three years of probation.

Two stacked Class 1 Misdemeanor convictions would have left the client with a permanent theft record affecting employment, housing, and professional licensing for life. Theft offenses get flagged on every standard background check and trigger automatic disqualifications in finance, healthcare, retail, and any role involving handling money or merchandise.

What we did

Future First filed a Not Guilty plea, ran discovery, and pressed the State on proof issues. The State filed a Motion to Dismiss before trial. The court granted the dismissal without prejudice.

No conviction was entered. No fine. No jail. No probation. The client is eligible to seal the arrest record under ARS § 13-911 immediately because the case ended in dismissal.

What our clients say

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If you’re facing shoplifting charges in Arizona

Arizona’s shoplifting statute (ARS § 13-1805) covers a wide range of conduct, from concealment and removal of goods to using artifice or device to defeat anti-theft mechanisms. Most shoplifting charges file as Class 1 Misdemeanors when the value taken is under $1,000 and the conduct does not involve aggravating factors. Once the value crosses $1,000 or aggravators are present (organized retail theft, prior convictions, use of an instrument), the State can file at the felony level under ARS § 13-1802.

The first 30 days after arrest matter. Pre-filing negotiations can change the trajectory of a shoplifting case before the State formally files. Once the complaint is in, the room to maneuver narrows. Defense work in the discovery phase, including pressing the State on chain-of-custody, witness availability, and proof of intent, can force the prosecutor to reassess whether the case is winnable at trial.

Future First Criminal Law has handled shoplifting charges at every level in Arizona. We know how the prosecutors think. We know which proof issues actually move the needle. And we know how to position a case so the State files a Motion to Dismiss instead of forcing the client into a plea.

Related resources

Arizona criminal defense — full overview of how we handle misdemeanor and felony charges
Set aside and sealing in Arizona — how to clean up your record after a dismissal or conviction

Call us

Facing a shoplifting charge in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of misdemeanor cases at every tier across Arizona. The earlier we are involved, the more options you have.

Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona shoplifting law, visit the Arizona State Legislature website.