If you have been taken into police custody and placed under arrest for suspicion of committing a burglary, the consequences you are facing are severe. Beyond fines and jail time, having a criminal record with a burglary conviction could have a lasting and permanent impact on your future opportunities. For this reason, clearing your name of the allegations against you should be one of your top priorities.
With the support of a reputable Scottsdale burglary defense lawyer from Suzuki Law Offices, you can take steps to avoid the harsh penalties that follow a guilty verdict.
Your dedicated Scottsdale theft crimes defense lawyer will work tirelessly to investigate, speak with witnesses, negotiate with prosecutors, and prepare to defend you at trial should it become necessary.
Contact our team of former prosecutors to request a confidential consultation today and learn more about whether the district attorney has a strong case against you and which defense strategies are best suited for your case.
There Are Multiple Levels of Burglary Charges
Our Scottsdale criminal defense lawyer will be required to prove your guilt beyond a reasonable doubt, according to the Arizona Judicial Branch. However, your Scottsdale violent crime lawyer will need to introduce reasonable doubt to secure an acquittal.
To do this, we may challenge whether the elements of the offense have been met, as there are multiple levels of burglary charges as described below:
First-Degree Burglary Under §13-1506
The legal statute for first-degree burglary in Arizona can be found under Arizona Revised Statute §13-1506. Here, you can face criminal charges if you committed a second or third-degree burglary while intentionally in possession of a dangerous instrument, deadly weapon, or explosive device. This is considered a Class 2 felony offense, which is one of the most serious crimes you can be charged with across the state.
If convicted of a Class 2 felony, you could spend up to 12 1/2 years in an Arizona state prison. Your Scottsdale burglary defense attorney may be able to convince the prosecutor to reduce your charges down to a Class 3 felony. If this is the case and you are convicted, you could spend up to eight years and nine months in prison.
Second-Degree Burglary Under ARS §13-1507
Generally, second-degree burglary is tried as a Class 3 felony. These charges may apply if you remained in or entered a residential structure unlawfully with the intent to commit a felony or theft. These charges apply specifically to residential structures as opposed to commercial structures.
If you are convicted of second-degree burglary, you could face tens of thousands of dollars in fines. You could also be sentenced to as much as eight years and nine months in an Arizona state prison. However, if your burglary offense is designated a “dangerous offense” under ARS §13-105, the offense is punishable by up to 15 years in prison.
Third-Degree Burglary
Third-degree burglary charges may apply if you remained on or entered a commercial space or non-residential structure with the intent to commit a felony or theft offense. Under the statute, non-residential structures will also include motor vehicles. Typically, third-degree burglary is tried as a Class 4 felony.
If you have prior criminal convictions on your record, charges could be increased to a Class 3 felony or higher. If you are convicted of a Class 4 felony offense, you could spend up to three years and nine months in an Arizona State prison facility. However, if your third-degree burglary offense is designated a “dangerous offense,” then you could spend up to eight years in prison.
Potential Ways to Defend Yourself When Accused of Burglary
You have the right to defend yourself. Even if the state is applying pressure, you have the right to challenge the evidence presented and offer alternative explanations to protect your future. Some of the most common defenses we have used to defend against burglary charges include:
- Mistaken identity – If you were accused of committing burglary but the perpetrator was wearing a disguise, mask, or something else to shield their identity, we may be able to successfully argue a case of mistaken identity.
- Lack of intent to commit a crime – According to the elements of the offense, you must have intent to commit the crime. If you accidentally entered a commercial or non-commercial property, burglary charges should not apply.
- No unlawful trespassing – If you had the right to be on the property in question, burglary charges should be dropped.
These are only a few potential defenses that could be used should your case go to trial. Your Scottsdale federal crime defense lawyer with Suzuki Law Offices will work tirelessly to get the charges against you dismissed or secure a plea agreement by negotiating with the district attorney if necessary. When you are ready to plan your defense strategy, contact our legal team to get started.
Scottsdale Burglary Defense FAQ
What Charges Are Related to Burglary?
Several criminal charges are related to burglary and could result in stacked criminal charges, including:
- Robbery under ARS §13-1902
- Theft under ARS §13-1802
- Trespassing under ARS §13-1504
Is Burglary Expungable?
Yes, you may be able to get your burglary conviction sealed under ARS §13-911. You may qualify for expungement if your charges were dismissed, you were found not guilty, or no formal charges were filed. You may also be eligible if you have completed the terms of your sentence and the waiting period has passed.
What Is the Statute of Limitations on Burglary Charges in Scottsdale?
If the statute of limitations passes and the prosecutor has not filed criminal charges against you, they will lose the right to file charges later. Under ARS §13-107, the statute of limitations for a burglary offense is seven years since it is a Class 3 felony.
However, if you were charged with a misdemeanor, the statute of limitations would be one year from the date of the offense.
Meet with a Trial-Tested Burglary Defense Lawyer in Scottsdale for Help Today
If you are found guilty of burglary at any level, your criminal record will make it difficult or impossible for you to escape your troubled past. Unless you qualify for and are granted expungement, you can expect a burglary conviction to permanently alter the course of your life.
While the risks are high, with the support of a highly experienced burglary defense attorney in Scottsdale from Suzuki Law Offices, you can take steps to safeguard your future.
Do not trust your freedom with an overworked public defender who does not have the resources, time, or energy to give your defense strategy the attention it deserves.
Get a reputable Scottsdale burglary defense lawyer on your side who will do everything possible to help you dodge a conviction. Fill out our secured contact form or call us to schedule your confidential case evaluation as soon as today.
Call or text (602) 682-5270 or complete a Free Case Evaluation form