There are a number of ways that Arizona classifies stealing. One of those classifications is burglary and it packs serious consequences if convicted. Because of the severity of the consequences and the way they can impact the rest of your life, you need an experienced Arizona burglary lawyer to protect your rights and help you through the entire legal process. We represent persons throughout Arizona including Glendale, Mesa, Scottsdale, and Phoenix.
Degrees Of Arizona Burglary
There are three degrees of burglary with First Degree Burglary being the most serious of the charges and Third Degree Burglary being the least severe. First Degree can be charged as a Class 3 felony or a Class 2. The prison term can be anywhere from 7 years to 21 years and can be extended if there are 2 or more aggravating factors present, such as the crime being a repeated offense. Aggravating factors can cause the maximum sentence to be up to 35 years.
Second Degree Burglary is a Class 3 felony and can have a sentence as long as 25 years in prison, depending upon any aggravating factors that may be present. For instance, someone could be injured during an attempted burglary and that injury charge will aggravate the burglary charge or vice versa.
Third Degree Burglary is a Class 4 felony and primarily involves burglaries of commercial property and auto theft. There have been individuals convicted of Third Degree Burglary who have served up to 15 years in prison because of another act that was committed during the burglary.
Possession Of Burglary Tools
Being in the possession of burglary tools is a Class 6 felony. If the charge is coupled with another burglary charge, the penalty is harsher. However, a person does not have to commit burglary to be charged with the possession of burglary tools.
A person may be charged with this offense if they possess the tools that are typically used in burglary. The manipulation or altering of a master key for the intent of committing auto theft or the unlawful entry into an automobile is also a possession of burglary tools offense. The penalty for this charge is up to 5 ¾ years in prison. Restitution, property forfeiture, fees, fines, and other penalties may be imposed.
It is very important to have a solid burglary defense so that the right outcome is reached in the case. An Arizona burglary attorney can use a number of defenses to reach the desired outcome. The idea is to cast as much doubt on the prosecution’s evidence as possible because a person cannot be convicted if reasonable doubt is present. Here are some of the defenses used:
- Lack of intent
- Unwarranted search and seizure
- Mistake of fact
- Miranda Rights violations
- Insufficient evidence
- Constitutional rights violation
- Mishandling of evidence
- No probable cause for arrest
The list can go on and on. Every case is different, so it is important that the defense strategy matches the case.
Contact A Arizona Burglary Attorney
If you or a loved one has been accused of burglary, your first line of defense is an aggressive and strategic attorney to create a solid defense. To find out more about how we can help you and what your rights are, contact us 24/7 at 602-926-7373 or fill out our contact form to schedule your free consultation.
Have you been charged with a crime? Get in touch with a qualified and professional Arizona Criminal Defense Lawyer as soon as possible to discuss your case! Our legal experts will fight for your rights and you will get you justice you deserve.