Catalytic converter theft has become a common issue in Arizona, largely due to the high value of the metals contained within these parts. For many, stealing a catalytic converter may seem like a quick way to make money, but it can lead to serious legal consequences. If you’ve been accused of this crime, it’s important to know that you’re not alone, and help is available.
At Colburn Hintze Maletta (CHM), we understand that good people can find themselves in difficult situations. Our team of criminal defense attorneys for motor vehicle theft is committed to offering compassionate and skilled legal representation. We work closely with you to build a defense strategy tailored to your unique circumstances, aiming to reduce the impact of the charges and protect your future.
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Catalytic Converter Theft in Arizona
An Overview of Arizona Vehicle and Auto Theft Laws
In Arizona, the theft of catalytic converters is classified under the broader category of vehicle and auto theft, which is governed by Arizona Revised Statutes (ARS) 13-1802 and ARS 13-1814. These laws define theft in various forms, including the theft of vehicle parts such as catalytic converters and entire vehicles, referred to as “theft of means of transportation.”
▶ Theft of Property – ARS 13-1802
Under ARS 13-1802, theft occurs when a person knowingly takes control of someone else’s property with the intent to deprive them of it. For catalytic converter theft, this statute applies in the following ways:
- Controlling another’s property with intent to deprive: This includes removing a catalytic converter from a vehicle with the intent to sell or keep it.
- Possession of stolen property: If a person controls a catalytic converter knowing or having reason to know it is stolen, they can be charged under ARS 13-1802(A)(5).
- Metal theft: ARS 13-1802(A)(7) and (A)(8) specifically address the theft of ferrous and nonferrous metals, which are often found in catalytic converters. Arizona law takes a strong stance on metal theft, with harsher penalties for those involved in the theft or resale of these materials.
▶ Theft of Means of Transportation – ARS 13-1814
The theft of an entire vehicle, or what Arizona law refers to as “theft of means of transportation,” is defined under ARS 13-1814. Catalytic converter theft can sometimes escalate into charges under this statute, particularly when significant damage is done to the vehicle or if the vehicle itself is taken. Under ARS 13-1814, a person commits theft of means of transportation if they:
- Control another person’s vehicle with intent to permanently deprive: This could include stealing a car with the intent to remove and sell parts like the catalytic converter.
- Unauthorized use of a vehicle: If someone uses a vehicle for unauthorized purposes, even temporarily, this constitutes theft.
- Misrepresentation to gain access: A person can also be charged if they deceive the vehicle owner to gain control of the vehicle.
- Possession of a stolen vehicle: A person who controls or comes into possession of a stolen vehicle knowing it is stolen can be charged under this statute.
The theft of a vehicle, or means of transportation, is a class 3 felony under Arizona law (ARS 13-1814(D)). This carries significant penalties, including prison time and fines.
If convicted of either the theft of a catalytic converter or the entire vehicle, the penalties vary depending on the value of the stolen property. For example, under ARS 13-1802(G), theft of property valued at over $25,000 is a class 2 felony, while theft of property valued between $1,000 and $3,000 is a class 6 felony.
Can a Stolen Catalytic Converter be Traced?
In many cases, tracing a stolen catalytic converter can be challenging. Most catalytic converters do not have unique serial numbers, making it difficult to link them to a specific vehicle once they’ve been removed.
However, some manufacturers have begun to engrave converters with unique identifiers to aid law enforcement in tracing stolen parts.
Additionally, scrap metal dealers are required by Arizona’s new laws to maintain records of transactions, which can help track down stolen parts. While it is possible to trace a stolen catalytic converter, it often depends on the steps taken by the vehicle owner before the theft and the scrap metal dealer involved.
What are the Penalties For Theft of Catalytic Converters
The penalties for catalytic converter theft in Arizona can vary depending on several factors, such as the value of the stolen part and whether it is a first-time offense. Here are the common penalties:
- Class 6 Felony: Theft of property valued between $1,000 and $2,000 can be charged as a Class 6 felony. This may result in probation, fines, or up to 2 years in prison.
- Class 5 Felony: If the catalytic converter is valued between $2,000 and $3,000, the offense is upgraded to a Class 5 felony, which carries a prison sentence of up to 2.5 years.
- Class 4 Felony: For theft involving a vehicle engine or transmission, including catalytic converters in some cases, the charge can escalate to a Class 4 felony, with penalties including up to 3.75 years in prison.
- Fines and Restitution: Offenders may also be required to pay fines, restitution to the vehicle owner, and face additional legal fees.
- Additional Penalties for Repeat Offenders: Those with prior theft convictions or who are involved in organized theft rings could face enhanced sentences, including extended time in prison.
Each case is different, and penalties can vary based on the circumstances and the defense strategy employed.
| Offense | Class of Felony | Potential Penalties |
|---|---|---|
| Theft of property valued between $1,000 and $2,000 | Class 6 Felony | Probation, fines, or up to 2 years in prison |
| Theft of property valued between $2,000 and $3,000 | Class 5 Felony | Up to 2.5 years in prison |
| Theft of a vehicle engine or transmission | Class 4 Felony | Up to 3.75 years in prison |
| Repeat offenses or involvement in organized theft rings | Varies based on case | Enhanced penalties, including extended prison sentences |
Common Defenses for Motor Vehicle Theft
When facing motor vehicle theft charges in Phoenix, having an experienced criminal defense lawyer is essential. Various possible defenses can be employed depending on the circumstances of the case. If you are accused of stealing a vehicle or its parts, such as a used catalytic converter, it’s important to understand your rights and the legal strategies available to you.
Here are some of the most common defenses that your defense lawyer might use:
① Lack of Intent
One of the strongest defenses in a motor vehicle theft case is showing that there was no intent to steal. Under Arizona law, the prosecutor must prove that you intended to deprive the owner of their vehicle or parts permanently. For instance, if you were found in possession of a used catalytic converter but didn’t realize it was stolen, your criminal defense lawyer can argue that you lacked the necessary intent to commit a crime.
② Mistaken Identity
Motor vehicle theft, including theft in Phoenix, often happens quickly, and mistaken identity is a frequent issue. If you were wrongly identified as the person who stole a vehicle or nonferrous parts like a catalytic converter, this possible defense could result in a dismissal of the theft charges. Your defense lawyer will work to uncover any inconsistencies in witness statements or evidence.
③ Improper Search and Seizure
Your Phoenix criminal defense lawyer can also challenge the legality of the search and seizure process. If law enforcement conducted an illegal search or obtained evidence improperly, such as the removal of a scrap metal part from your possession without proper authorization, the evidence could be excluded from the case. This can significantly weaken the prosecutor‘s arguments and lead to a favorable outcome for you.
④ Consent
In some cases, the vehicle or scrap metal parts may have been taken with the owner’s consent or under the belief that you had permission to use them. This is especially relevant if the vehicle was shared or if there were misunderstandings about the authorized use of the car. If you can prove that you had consent or the vehicle was entrusted to you for a certain period, this could serve as a defense.
⑤ First Offense and Misdemeanor Charges
If this is your first offense, your criminal defense lawyer may be able to negotiate a lesser sentence. Some motor vehicle theft cases are charged as class 1 misdemeanors, particularly when the value of the stolen parts or vehicle is low. A misdemeanor carries lesser penalties than a felony and can result in probation instead of a prison sentence.
Contact a Criminal Defense Attorney From CHM
If you’re facing charges for motor vehicle theft, catalytic converter theft, or any other criminal offense in Phoenix, Colburn Hintze Maletta (CHM) is here to provide you with the legal support you need. Our law firm is committed to defending your rights and ensuring that you receive fair treatment under Arizona’s criminal justice system.
Facing years in prison or steep fines for a theft charge can be overwhelming, but you don’t have to go through it alone. Whether you are dealing with a scrap metal dealer case, vehicle theft, or another criminal matter, our attorneys have the experience and knowledge to help.
We invite you to schedule a free consultation with our dedicated defense team at CHM. We will discuss your case, outline possible defense strategies, and provide clear guidance on your next steps. When you need a criminal defense law firm that prioritizes your rights, call Colburn Hintze Maletta today at (602) 825-2500 to advocate on your behalf.
David Maletta is a widely respected criminal defense attorney with over 23 years of experience and has worked on over 1,000 cases and has successfully won over 100 jury trials. David graduated from Northern Arizona University, Magna Cum Laude in 1993 with a degree in Psychology. Shortly thereafter, he earned his Juris Doctor degree from Seton Hall University School of Law in 1998. He has extensive experience in criminal and DUI matters, homicide, sexually-based offenses, domestic violence, white-collar crimes, and various misdemeanor crimes.
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