You might have thought burglary was a minor offense, but the state of Arizona recognizes burglary as a serious crime. This felony-level offense carries harsh criminal penalties that could have a devastating impact on your future. Now is the time to get a high-powered Chandler burglary defense lawyer from Suzuki Law Offices working for you.
Your freedom could be taken away if you are convicted. Contact our Chandler theft crime defense lawyer to request a confidential consultation today and find out more about how the district attorney might proceed and the possible risks you are facing if you are found guilty.
Your Burglary Charges Determine Your Penalties
Turn to a team of former prosecutors when you need a top-rated Chandler criminal defense lawyer you can count on for zealous legal advocacy. The level of your burglary charges will determine the severity of your penalties. There are four primary types of burglary offenses you could be accused of.
These include:
- Possession of burglary tools – Per ARS §13-1505, if you are accused of having tools that can be used to commit burglary, you can be charged. This is a class six felony, punishable by up to two years in prison.
- Third-degree burglary – Per ARS §13-1506, if you enter a fenced yard, motor vehicle, or non-residential structure without the property owner’s permission, you can be charged with third-degree burglary. This is a class 4 felony. You could spend up to three years in prison if convicted.
- Second-degree burglary – Per ARS §13-1507, if you are accused of committing a home invasion or entering a residential structure intending to commit a crime, you can be charged with second-degree burglary. This is a class three felony. You could spend up to seven years in prison if convicted.
- First-degree burglary – Per ARS §13-1508, if you are accused of entering a commercial or residential structure with the intent to commit a crime, you can be charged with first-degree burglary. If the structure in question were a commercial property, it would be a class three felony, whereas entering residential properties is designated a class two felony status. If convicted, you could spend up to 10 years in prison.
These are just the criminal penalties for first-time offenses as outlined by ARS §13-702. Collateral consequences, such as employment issues and restrictions, may make it impossible for you to move forward with your life post-conviction. For this reason, defending yourself is critical.
Chandler Burglary FAQ
Can Burglary Be a Misdemeanor?
No, burglary is typically tried at the felony level, no matter what type of burglary offense you are accused of committing. However, working with a Chandler burglary defense attorney from Suzuki Law Offices may allow you to work out a plea arrangement with the district attorney.
If the prosecutor is willing to allow you to plead guilty to a lesser offense instead of prosecuting you for the felony-level burglary charge, this may be in your best interest, depending on the circumstances of your case, your criminal record, and the strength of the state’s case against you.
However, you should never accept the agreement without reviewing it with your criminal defender. The consequences of a felony conviction will continue to have a profound impact on your life for years to come.
If you have an opportunity to avoid a conviction by pleading guilty to a less serious misdemeanor offense or entering pre-trial diversion, doing so may be well advised.
How Long does the State Have to File Burglary Charges Against Me?
Most felony offenses, including burglary, have a seven-year statute of limitations as described under ARS §13-107. Generally, the statute of limitations does not start counting down until the perpetrator is identified. This means it could be years before the statute of limitations even begins counting down.
The statute of limitations could also temporarily pause. If you leave the state in an attempt to avoid prosecution, the statute of limitations would simply toll until you return to the state. This means the prosecutor could have significantly longer to file formal burglary charges.
Can I Avoid Trial with a Plea Deal?
You may be able to avoid trial if the district attorney is willing to work out a plea agreement. Prosecutors may be less willing to work out arrangements if the alleged victim was seriously injured or other aggravating factors were present, such as the use of a deadly weapon.
If a weapon was allegedly used, you may need to retain a dedicated Chandler armed robbery defense lawyer from Suzuki Law Offices.
There are a couple of different plea options that may be available. The district attorney may allow you to plead guilty to a lesser offense in exchange for reducing your charges.
Alternatively, a Chandler burglary defense lawyer may be able to convince the prosecutor to dismiss the case against you if we can get you enrolled in pre-trial diversion as described under ARS §9-500.22.
Do People Accused of Burglary Get Bail?
Yes, people accused of burglary may still be granted bail. The judge will determine whether bail should be granted during your arraignment. There are several factors the judge will take into consideration, including:
- Whether you have a criminal record
- Whether you have previously been arrested for or accused of burglary
- Whether a minor child was involved
- Whether a firearm or a deadly weapon was involved
- Whether you have strong ties to the community
- Whether you are a flight risk
Can a Burglary Conviction Be Expunged in Arizona?
Yes, burglary convictions could be expunged under ARS §13-911. However, there are strict requirements that must be met before the court will grant your petition for expungement. First, you must wait a minimum of five years, or up to 10 years, if you were convicted of a class two or three felony burglary offense.
You will also need to complete the terms of your sentence and pay any remaining court fees or restitution. You will not qualify for record sealing if you were arrested since you were released.
You may also qualify for burglary expungement if you were acquitted, the charges against you were dropped, or you were charged with burglary, but the charges against you were dismissed.
Consult a Reputable Burglary Defense Lawyer in Chandler for Help Today
Being accused of a crime as serious as burglary can not only destroy your reputation but strip you of your liberties. You have the right to defend yourself when you are charged with a criminal offense; do not squander it by relying on an overworked and exhausted public defender who does not have the resources to give your defense the attention it deserves
Turn to a leading burglary defense attorney in Chandler Suzuki Law Offices to clear your name.
A Chandler sex crimes lawyer from our firm will conduct an intensive investigation into the charges against you, how the prosecutor handled your case, and whether law enforcement officers violated your constitutional rights along the way.
Let us help craft a powerful defense strategy. Call our office or fill out our online contact form to schedule your initial consultation as soon as today.
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