A conviction on burglary charges can send you to prison, deplete your bank account, and leave you contending with repercussions even after you have satisfied your sentence.
A Safford theft crimes lawyer from Suzuki Law Offices will do everything possible to avoid a conviction or have your charges reduced and the consequences kept to a minimum. If you are facing charges, do not panic or give up hope for a favorable case outcome.
Instead, get the effective representation you need from a Safford burglary defense lawyer from our award-winning team. This team includes former prosecutors. Their experience gives us an edge as we build custom defense strategies for our clients, and we will put that experience to work for you.
What You Should Do Following an Arrest for Burglary
You have rights, and after an arrest for burglary, you need to exercise them. Particularly, use your right to remain silent. Law enforcement will ask you lots of questions and try to get you to speak about your whereabouts during the alleged crime or the circumstances surrounding the activity.
Your only legal obligation is to provide your name. Then, exercise your right to an attorney and connect with a Safford criminal defense lawyer from our team. From then on, your attorney will handle your case and be present for any questioning by law enforcement.
Your attorney will immediately start looking into the details of your arrest and those surrounding your alleged act of domestic violence. If law enforcement violated your rights during the arrest process, our team will expose the violation and seek a dismissal of charges.
If a dismissal is not immediately possible, your attorney can advocate for you during your arraignment and fight to keep the terms of your bail as least restrictive as possible.
Burglary Charges in Arizona
You can be arrested for burglary when law enforcement believes there is probable cause to charge you with unlawfully entering a structure for the purpose of committing theft or a felony. There are degrees of burglary in Arizona. First-degree represents the most serious form of the criminal act, and third-degree represents the least.
First Degree Burglary
Under Arizona Revised Statute (RS) 13-508, law enforcement may have grounds to issue first-degree burglary charges if the alleged offender “knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.” According to RS 13-105
A “dangerous instrument” is anything “readily capable of causing death or serious physical injury” under the circumstances when it is used, attempted, or threatened to be used. To “possess” means to:
- Knowingly have physical possession of property, such as by holding or carrying that property
- Exercise “dominion or control over property,” such as a vehicle driver having control of a firearm when that weapon is in the car or even the trunk of the car
Second-Degree Burglary
The definition of burglary in the second degree is found in RS 13-507, stating, “A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.”
RS 13-105 classifies residential structures as those designed for human living. Whether the structures are temporary or permanent, occupied or empty, a person who penetrates the structure’s door, window, wall, or other outer boundary can be charged.
Third-Degree Burglary
Under RS 13-506, a person can be charged with third-degree burglary if they:
- Enter or remain unlawfully “in or on a nonresidential structure or in a fenced commercial or residential yard” intending to commit a theft or felony within that space
- Enter “into any part of a motor vehicle by means of a manipulation key or master key” intending to commit a theft or felony in that vehicle
Our burglary defense lawyer in Safford will fight to prevent any unjust applications of the law in your situation.
How a Safford Burglary Defense Attorney Can Help Defend You
The team at Suzuki Law Offices will examine the circumstances of your alleged crime and design a defense strategy specifically for your case. There are some common defenses for burglary. Your attorney may use one of them as the basis for your strategy:
- Lack of Intent: The prosecution must prove you intended to enter a property with the intention to commit theft or felony. Your lawyer may argue you did not have intent and entered the property for another reason or by mistake.
- You Had Consent: You had to have entered a property without permission for burglary charges to stick. Your attorney may argue you had the owner’s consent or had received previous invitations to enter the property.
- You Were Coerced: You may have only participated in the alleged crime out of fear. Your attorney may argue that another party threatened you or someone you love with violence if you did not comply with their demands.
- Claim of Right: You entered a structure to retrieve property that belongs to you. This defense typically applies when ownership of the property in question is the subject of dispute.
Your charges may also be based on mistaken identity or result from entrapment. Your lawyer may also be able to prove your alibi–that you were somewhere else–at the time the crime was committed.
The bottom line is your burglary defense attorney in Safford will craft a strategic, effective defense in an effort to protect you from serious consequences.
Why You Need a Powerful Defense
Burglary charges are felonies. This means possible sentences for burglary in Arizona penalties can include serious prison time and fines, along with other non-legal consequences, such as separation from family, financial distress, and loss of employment opportunities.
You can count on your lawyer to argue mitigating factors to have your charges and penalties reduced and challenge aggravating factors the prosecution presents to have them increased.
We Are Here for You
Any time of any day, Suzuki Law Offices is ready to take your call. We are here to protect your rights, your freedom, your finances, and your future.
Get the exceptional legal advocacy and fierce loyalty you need to reach the best case outcome by connecting with us today.
Call or text (602) 682-5270 or complete a Free Case Evaluation form