Quick Navigation:
- Understanding Embezzlement in Arizona Under ARS 13-1802
- When Does Workplace Theft Become a Felony Crime in Arizona
- Common Examples of Embezzlement in Arizona Workplaces
- Misdemeanor vs Felony Embezzlement Charges in Arizona
- Penalties for Embezzlement in Arizona
- How Prosecutors Build an Embezzlement Case
- Defense Strategies for Embezzlement Charges in Arizona
- Real World Examples from Maricopa and Pinal County
- Important Things to Remember About Embezzlement Charges
- How a Family Law Attorney From CHM Law Can Help
Workplace trust is a foundational part of how businesses operate throughout Phoenix, Maricopa County, and Pinal County. Employers often rely on employees, managers, or financial professionals to handle company money, inventory, or accounts without constant supervision. When that trust is broken, what starts as an internal business concern can quickly escalate into a criminal investigation.
Embezzlement is one of the most frequently charged white-collar crimes in Arizona, and many people accused of it never believed their actions would result in criminal prosecution. In many cases, the accused had lawful access to company funds or property and did not realize their conduct crossed the line under Arizona law until law enforcement became involved.
This article explains when workplace theft becomes a felony in Arizona, how embezzlement is charged under state law, the applicable penalties, and how a Phoenix embezzlement attorney from Colburn Hintze Maletta can help protect your rights and pursue the best possible outcome.
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Phoenix Embezzlement in Arizona: When Does Workplace Theft Become a Felony Crime
Understanding Embezzlement in Arizona Under ARS 13-1802
Embezzlement in Arizona is prosecuted under the general theft statute, Arizona Revised Statutes § 13-1802. Arizona law does not list embezzlement as a separate offense. Instead, it treats embezzlement as a specific form of theft involving a breach of trust. Embezzlement occurs when a person entrusted with money or property knowingly misappropriates it.
Under ARS 13-1802, a person may commit embezzlement by misappropriating property or funds that belong to another person after being entrusted with control or access. This commonly occurs in workplace settings where an employee has authority over cash registers, payroll systems, inventory, vendor payments, or company accounts.
The key legal distinction is that the accused initially had lawful possession of the property or funds. Unlike shoplifting or burglary, embezzlement typically does not involve force or trespass. Arizona prosecutors must prove that the accused knowingly controlled property without lawful authority and intended to deprive the owner of it.
When Does Workplace Theft Become a Felony Crime in Arizona
Workplace theft becomes a felony crime in Arizona when the value of the property or funds involved exceeds statutory thresholds set forth in § 13-1802. The amount involved is the primary factor that determines whether an embezzlement charge is a misdemeanor or a felony.
Smaller amounts may result in misdemeanor charges, while larger amounts lead to felony embezzlement allegations. As the value increases, so does the felony classification. A Class 6 felony may apply to lower felony-level amounts, while larger losses can trigger Class 5, Class 4, or even Class 2 felony charges.
Arizona prosecutors may also combine multiple acts of theft into a single charge if they are part of a common scheme or plan. This means repeated conduct over time can be aggregated to reach felony levels, even if each individual transaction was relatively small.
Common Examples of Embezzlement in Arizona Workplaces
Common examples of embezzlement occur in everyday workplace settings. In Phoenix, office managers, bookkeepers, and payroll administrators are frequently accused after internal audits uncover discrepancies.
A retail supervisor in Mesa may be accused of manipulating refund systems or inventory records to benefit themselves or another person. In these cases, the value of merchandise or store credits may result in felony charges if it exceeds statutory thresholds.
In Pinal County, embezzlement allegations often arise in construction and contracting businesses. Project managers or purchasing agents entrusted with company funds may face charges if prosecutors believe money was diverted for personal use.
Misdemeanor vs Felony Embezzlement Charges in Arizona
Misdemeanor embezzlement applies to lower-value theft offenses and may still carry serious consequences. A misdemeanor conviction can result in jail time, probation, fines, restitution, and a permanent criminal record.
Felony embezzlement applies when the value of the embezzled property is higher or when aggravating factors exist. Felony convictions expose defendants to prison sentences, lengthy probation, and significant financial penalties.
Because classification affects sentencing, defense attorneys often focus on valuation disputes, aggregation challenges, and arguments about lack of intent. Reducing a felony charge to a misdemeanor can dramatically change the legal process and personal consequences, and an attorney may provide a possible defense strategy.
Penalties for Embezzlement in Arizona
Penalties for embezzlement in Arizona depend on the offense classification and the individual’s prior criminal history. Judges consider the property’s value, the method used, and whether the conduct involved fraud.
Misdemeanor embezzlement may result in up to six months in jail, probation, fines, and restitution. Felony embezzlement convictions can result in prison sentences, longer probation terms, and larger fines.
Restitution is common in embezzlement cases and often requires repayment of the full amount misappropriated. Failure to comply with restitution orders can result in additional penalties.
| Value of Property or Funds | Charge Classification | Potential Penalties | Statute Reference |
| Less than $1,000 | Misdemeanor | Up to 6 months jail, probation, fines, restitution | ARS § 13-1802 |
| $1,000 to $1,999 | Class 6 Felony | Probation or up to 2 years prison | ARS § 13-1802 |
| $2,000 to $2,999 | Class 5 Felony | Probation or up to 2.5 years prison | ARS § 13-1802 |
| $3,000 to $24,999 | Class 4 Felony | Probation or up to 3.75 years prison | ARS § 13-1802 |
| $25,000 or more | Class 2 Felony | Substantial prison exposure | ARS § 13-1802 |
How Prosecutors Build an Embezzlement Case
Prosecutors rely heavily on financial records and internal documentation. Bank statements, accounting software, emails, inventory logs, and audit reports often form the backbone of the prosecution’s case.
Witness testimony from supervisors and coworkers may be used to establish who had access, authority, and knowledge of the transactions. Prosecutors often argue that repeated conduct shows intent and awareness.
Because these cases rely on documents rather than eyewitnesses, early involvement by a criminal defense attorney can be critical in identifying weaknesses or alternative explanations.
Defense Strategies for Embezzlement Charges in Arizona
Defense strategies focus on intent, authorization, and valuation. One common approach is to show that the accused had permission or believed they had authority to use the funds.
Another strategy challenges the amount alleged. Disputing valuation or aggregation may reduce felony exposure. Lack of intent is also a key issue, as mistakes or poor accounting practices do not automatically equal criminal conduct.
At Colburn Hintze Maletta, defense strategies are tailored to the facts of each embezzlement case and the evidence presented by the prosecution.
Real World Examples from Maricopa and Pinal County
In a Maricopa County case, a medical office employee accused of embezzlement avoided a felony conviction after the defense showed unclear policies and a lack of intent.
In Pinal County, charges against a construction manager were dismissed after records showed funds were used for legitimate project expenses rather than personal gain, highlighting the importance of proper documentation in avoiding allegations of misappropriation.
Important Things to Remember About Embezzlement Charges
- Embezzlement involves the misuse of property that was entrusted
- Workplace theft may become a felony based on the value
- Multiple transactions may be combined
- Felony convictions carry lasting consequences
- Early legal representation matters
How a Family Law Attorney From CHM Law Can Help
Embezzlement allegations can quickly put your freedom, career, and professional reputation at risk. Many workplace theft investigations begin quietly, with internal audits or employer suspicions, before escalating into formal criminal charges. Having experienced legal representation early can make a significant difference in how your case unfolds.
At Colburn Hintze Maletta, our criminal defense attorneys have extensive experience handling white-collar and financial crime cases throughout Phoenix, Maricopa County, and Pinal County. We understand how prosecutors build embezzlement cases under ARS § 13-1802, how financial records are analyzed, and where weaknesses may exist in the state’s evidence.
Whether you are under investigation, have been formally charged, or believe your employer may be preparing to involve law enforcement, our legal team can review the facts, challenge valuation and intent allegations, and work to reduce or dismiss the charges whenever possible. We focus on protecting your rights, minimizing exposure, and positioning your case for the best possible outcome.
To speak with a criminal defense attorney about your embezzlement case, contact Colburn Hintze Maletta (CHM Law) today at (602) 755-6290 or visit our website to schedule your confidential consultation.
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