Crimes Commonly Committed During the Holiday Season in Arizona

The holiday season is a time for celebration, family gatherings, and giving—but it’s also a time when certain crimes tend to increase. Stress, financial pressures, and heightened emotions during the holidays can lead to a surge in criminal activity. In Arizona, some crimes are more common during this festive but often chaotic time. Let’s explore these crimes and how Arizona law addresses them.

1. Shoplifting and Retail Theft

With holiday shopping in full swing, shoplifting has become a significant issue. Arizona law defines shoplifting under A.R.S. § 13-1805 as knowingly taking goods without paying for them, altering price tags, or concealing merchandise to avoid payment.

Penalties:

• Stealing items valued under $1,000 are typically charged as a Class 1 misdemeanor, unless the property is a firearm then it is a class 6 felony.
• Stealing items valued $1,000 to $2,000 is a class 6 felony.
• Stealing items valued over $2,000 is a class 5 felony.
• Stealing from an establishment during regular business hours with the intent to resell is a class 4 felony defined by A.R.S. § 13-1819, organized retail theft.

2. DUI and Alcohol-Related Offenses

Holiday parties often involve alcohol, and unfortunately, this leads to an increase in driving under the influence (DUI) arrests. Arizona has some of the strictest DUI laws in the country under A.R.S. § 28-1381.

Penalties:

• A first-time DUI offense can result in a minimum of 10 days in jail, fines starting at $500 plus additional fees and court costs, and mandatory installation of an ignition interlock device.
• Extreme DUI A.R.S. § 28-1382 (BAC of 0.15% or higher) carry harsher penalties.
• Super extreme (BAC of 0.20% or higher) carry even harsher penalties.

Tip: Arrange for a designated driver or use rideshare services like Uber, Lyft or Waymo to get home safely.

3. Domestic Violence

The holidays can strain relationships, leading to an uptick in domestic violence incidents. Arizona defines domestic violence broadly under A.R.S. § 13-3601, covering various offenses such as assault, harassment, or criminal damage when committed against a family member or household member.

Penalties:

• A misdemeanor domestic violence conviction can lead to the loss of gun rights and mandatory participation in domestic violence counseling.
• If a defendant is convicted of a third domestic violence offense within seven years, the charge may be elevated to felony aggravated domestic violence under A.R.S. § 13-3601.02.
• Violating an order of protection can result in additional charges.

Tip: If tensions rise, take a break or seek mediation rather than escalating conflicts.

4. Fraud and Identity Theft

Online shopping is convenient, but it’s also a prime opportunity for identity thieves. Arizona’s A.R.S. § 13-2008 criminalizes identity theft, including using another person’s information to make purchases or obtain credit.

Penalties:

• Identity theft is generally charged as a Class 4 felony but can result in other felony charges depending on the severity.
• Penalties may include prison time, fines, and restitution to victims.

Tip: Use secure websites for online purchases and monitor your credit report regularly.

5. Burglary

Empty homes during holiday vacations are attractive targets for burglars. Under A.R.S. § 13-1506, A.R.S. § 13-1507, and A.R.S. § 13-1508, burglary involves unlawfully entering or remaining in a building or residence to commit theft or another felony.

Penalties:

• Burglary charges in Arizona range from Class 2 felonies (First Degree Residential Burglary under A.R.S. § 13-1508) to Class 6 felonies (Possession of Burglary Tools under A.R.S. § 13-1506).
• Second Degree Burglary (A.R.S. § 13-1507) and Third-Degree Burglary (A.R.S. § 13-1506) carry varying sentencing ranges depending on the severity and circumstances.
• Sentencing varies by charge severity, with prison terms ranging from a minimum of 0.33 years for lesser offenses to 21 years for First Degree Residential Burglary (A.R.S. § 13-1508).
• Enhanced penalties apply if a deadly weapon, such as a gun or explosive, is involved or was in possession during the burglary.

Tip: Secure your home with alarm systems, cameras, and neighborly vigilance.

6. Disorderly Conduct

Holiday stress and crowded events can lead to disruptive behavior. Disorderly conduct, under A.R.S. § 13-2904, includes engaging in violent behavior, making unreasonable noise, or refusing to comply with lawful orders.

Penalties:

• Most disorderly conduct charges are Class 1 misdemeanors.
• If a firearm or other deadly weapon is involved, the charge can escalate to a Class 6 felony.

Tip: Stay calm in stressful situations and avoid confrontations.

Protect Yourself and Your Loved Ones This Holiday Season

While the holidays should be a time of joy, it’s essential to remain mindful of the increased risk of criminal activity. If you or a loved one find yourself facing charges, it’s crucial to seek legal representation immediately.

At Chuck Franklin Law, with over 37 years of experience defending clients against various charges, including those that often arise during the holiday season, our skilled team is here to guide you through the legal process and help you achieve the best possible outcome for your case. Contact us todayfor a consultation and let us help you protect your rights and your future.

***Disclaimer***

This posted blog is in no way specific legal advice on any subject. It is intended to provide general information for the public.

If you need specific legal advice, call Chuck at 480-545-0700.

Sources:

• Arizona Revised Statute § 13-1805; Shoplifting
• Arizona Revised Statute § 13-1819; Organized retail theft
• Arizona Revised Statute § 28-1381; Driving or actual physical control while under the influence
• Arizona Revised Statute § 28-1382; Driving or actual physical control while under the extreme influence of intoxicating liquor
• Arizona Revised Statute § 13-3601; Domestic Violence
• Arizona Revised Statute § 13-3601.02; Aggravated Domestic Violence
• Arizona Revised Statute § 13-2008; Taking identity of another person or entity
• Arizona Revised Statute § 13-1506; Burglary in the third degree
• Arizona Revised Statute § 13-1507; Burglary in the second degree
• Arizona Revised Statute § 13-1508; Burglary in the first degree
• Arizona Revised Statute § 13-2904; Disorderly Conduct