Bail Questions • Charges and Penalties • Arizona
What Is Larceny by Trick?
Larceny by trick is the common law name for obtaining someone's property by deception, where the owner hands it over because of a lie.
Quick answer
Larceny by trick is the common law name for obtaining someone's property by deception, where the owner hands it over because of a lie. Arizona charges it as theft by material misrepresentation under A.R.S. 13-1802 or as a fraudulent scheme, and penalties follow the theft value table, from a misdemeanor to a felony.
What larceny by trick means
Under the old common law, larceny was taking property without consent. Larceny by trick filled a gap: the owner consented to hand over possession, but only because the taker lied. The consent was obtained by deception, so the law treated the taking as theft. Classic examples: a renter who uses a fake identity to take a car and never return it, a buyer who pays with a check they know is worthless, a stranger who borrows a phone to make a call and walks off with it.
The distinction from false pretenses was whether the victim meant to pass possession only or full ownership. Modern statutes dropped that puzzle. Arizona, like most states, folded larceny by trick, false pretenses and embezzlement into a single theft statute, so the phrase now appears mainly in older cases and law school outlines.
How Arizona charges it today
Arizona charges the conduct as theft by material misrepresentation under A.R.S. 13-1802(A)(3): obtaining property or services of another by means of a material misrepresentation with intent to deprive the owner of it. When the lie is part of a broader plan, prosecutors add a fraudulent scheme or artifice charge under A.R.S. 13-2310, a class 2 felony that covers any scheme to defraud by false pretenses or representations.
Current examples: a contractor who takes a deposit never intending to do the work; a seller who takes payment for goods that do not exist; a person who uses a false identity to rent a vehicle or an apartment; an online seller who ships nothing. Penalties follow the theft value table in A.R.S. 13-1802: under $1,000 a class 1 misdemeanor, rising through felony classes to a class 2 felony at $25,000 or more. Whether a broken promise was a lie at the time it was made is the central question, and it belongs to a defense attorney.
Bail for a theft by deception arrest
These cases often start with a summons after a detective's investigation rather than a street arrest. When there is an arrest, including a warrant arrest on a case filed months later, the person is booked at the 4th Avenue Jail and sees a judge within 24 hours. Bail for the lower theft classes commonly runs a few thousand to $25,000; a fraudulent scheme charge with many victims or a large loss can carry more.
The agent confirms the amount on the court record, checks for holds such as a warrant from another county where another victim filed, and posts at the 4th Avenue Jail Bond and Fine Room. The premium is typically 10% of the bond, and payment plans are available to qualified cosigners. See theft bail bonds and warrant bail bonds for a case filed after the fact.
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Related Questions
What is the difference between larceny by trick and false pretenses?
At common law, larceny by trick meant the victim handed over possession because of a lie, while false pretenses meant the victim transferred full ownership because of a lie. Arizona no longer separates them; both are charged as theft by material misrepresentation or a fraudulent scheme.
Is larceny by trick a felony?
In Arizona it depends on the value. Theft by material misrepresentation under A.R.S. 13-1802 is a class 1 misdemeanor under $1,000 and a felony at $1,000 or more, up to a class 2 felony at $25,000. A fraudulent scheme charge under A.R.S. 13-2310 is always a class 2 felony.
Is taking a deposit and not doing the work a crime in Arizona?
It can be. A contractor who takes a deposit never intending to perform can be charged with theft by material misrepresentation or a fraudulent scheme. A contractor who intended to perform and failed is usually a civil matter. Proving intent at the time is the issue.
What is theft by material misrepresentation?
It is the Arizona theft statute's version of obtaining property by lying. Under A.R.S. 13-1802(A)(3), a person commits theft by obtaining property or services through a material misrepresentation with intent to deprive the owner. The penalty class follows the value of what was obtained.
How much is bail for a fraud charge in Arizona?
Lower theft classes commonly carry bonds from a few thousand to $25,000, set at the initial appearance. A fraudulent scheme charge with large losses or many victims can run higher. The premium is typically 10% of the bond. Call One Stop Bail Bonds any hour and an agent will walk you through it.