If you have been accused of committing burglary, you may be feeling a wide range of emotions. Between the fear of what will happen if you are convicted and how your family will be affected by the charges against you, figuring out what your next move should be can be overwhelming. As soon as you have the opportunity to do so, connect with a reputable Avondale burglary defense lawyer who can help you get your defense on the right track.
Suzuki Law Offices is available 24/7 to advocate for the innocent and defend the accused. Your Avondale theft crime lawyer has insight into how the district attorney may approach your case, as we are a team of former prosecutors.
Burglary Is Not a Wobbler Offense
Put our experience and resources to work for you as an Avondale criminal defense lawyer fights to clear your name of these burglary accusations when you contact our office to request a confidential consultation.
It may surprise you to learn that burglary is not considered a wobbler crime. Burglary is usually only tried as a felony-level offense, regardless of what degree you are accused of. All four types of burglary charges are tried at the felony level as follows:
- First-degree burglary under ARS §13-1508
- Second-degree burglary under ARS §13-1507
- Third-degree burglary under ARS §13-1506
- Possession of burglary tools under ARS §13-1505
If there are aggravating circumstances present, such as the use of a deadly weapon, you are more likely to be tried at a higher level or face a harsher criminal sentence. However, if this is your first offense and no one was seriously injured, killed, or threatened, the prosecutor may be more willing to reduce your charges to a lesser offense or allow you to enter a plea agreement.
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Get StartedAvondale Burglary Defense FAQ
What Happens if Charges Are Not Filed Before the Statute of Limitations Expires?
If the prosecutor does not file burglary charges against you before the statute of limitations expires, they will miss their chance to do so. Under ARS §13-107, burglary crimes generally carry a seven-year statute of limitations, as do most felonies.
If you were accused of committing a misdemeanor offense, the statute of limitations would expire one year from the date of the alleged crime.
Is There a Mandatory Minimum Sentence for a Burglary Conviction in Avondale?
Yes, there may be a mandatory minimum sentence if you are convicted of burglary in Avondale. The severity of your burglary charges determines your mandatory minimum sentence. The mandatory minimum sentence based on the classification of your burglary charges includes:
- Third-degree burglary – a minimum of one year in an Arizona state prison
- Second-degree burglary – a minimum of two years in an Arizona state prison
- First-degree burglary – a minimum of seven years in an Arizona state prison
Since the mandatory minimum prison sentences could have a powerful impact on your life, we will work tirelessly to get your charges reduced to a misdemeanor wherever possible.
Alternatively, working out a plea arrangement with the prosecutor could be in your best interest. Your Avondale burglary defense lawyer will know more after reviewing the circumstances of your case.
Will the Judge Grant Me Bail?
There are several factors that will determine whether the judge grants you bail. You are far more likely to be granted bail if this is your first offense. However, if anyone was seriously injured or killed, your chances for bail may not be as high.
The judge will also take into account whether you are a flight risk, a threat to society, or have ties to the Avondale community. If the judge has little reason to believe you will not appear for your next court date, bail could be granted. However, if you have a long history of criminal offenses, the judge has the discretion to deny bail according to ARS §13-3967.
Is a Burglary Charge Expungable Under Arizona Law?
The specific details of your case will determine whether your burglary charge is eligible for expungement. Under ARS §13-911, instead of simply “setting aside” your record, it will be permanently sealed from public view. This means that certain government officials may still have access to your criminal record.
You could qualify for expungement if you were arrested but never formally charged. You may also be eligible if you were charged with burglary but found not guilty or had the charges against you dismissed.
A burglary conviction could be eligible for expungement if the waiting period has passed, which is generally five years for felony offenses in Arizona.
What Happens if I Am Convicted of Burglary?
Once you have been convicted, the judge will set your sentencing hearing. The judge will review the Arizona Supreme Court’s criminal code sentencing provisions to determine an appropriate sentence for your conviction. They will take into consideration any mandatory minimum prison terms, and the alleged victim in your case may have the option of presenting a victim impact statement.
According to the Arizona Attorney General, we have up to 20 days from the date of your conviction to file a notice of appeal. At that point, your Avondale burglary defense attorney can prepare to appeal the conviction. We will then prepare our oral arguments and see if we can find additional supporting evidence to be heard before the Arizona Court of Appeals.
Abogado cerca de míGet Help from a Burglary Defense Lawyer in Avondale Today
When you are accused of a crime as serious as burglary, relying on a public defender may be ill advice. You need a burglary defense attorney in Avondale on your side who can offer you the resources to build the strongest defense strategy possible based on the circumstances of your case. Suzuki Law Offices is a private criminal defense law firm standing by, ready to dedicate our legal knowledge and trial experience to your defense.
With the stakes this high, enlisting the services of a criminal defense law firm with over 20 years of experience could be your best opportunity to get back to your family sooner.
Do everything possible to avoid the harsh penalties of a conviction. Start working on your defense strategy as soon as today when you fill out our online contact form or call our office to schedule your case evaluation.
Call or text 602-682-5270 or complete a Free Case Evaluation form