Burglary is a serious felony offense that can strip you of your freedom if you are convicted. Without legal representation, you could be looking at years in prison and staggering fines.
Charges of this magnitude can be intimidating, and a Superior burglary defense lawyer will provide you with support and advocacy every step of the way.
With previous experience as a prosecutor, Richard Suzuki of Suzuki Law Offices provides clients with a unique advantage. This knowledge allows the team to provide highly effective solutions to what are often complex and dire legal problems.
With the counsel of a Superior theft crimes lawyer, your rights will be protected, and they will fight to get you a more favorable outcome.
What Constitutes Burglary
Burglary involves illegally entering another person’s property with the intent to commit a crime, specifically theft or another type of felony. As such, burglary charges are often accompanied by other charges. When facing these types of allegations, it is important to understand the three degrees of burglary in Arizona:
- First degree: The highest level of burglary involves the use of weapons while unlawfully entering a building. Either Class 2 or Class 3 felony charges may apply depending on whether or not the building was residential or commercial and result in two to 12.5 years in prison.
- Second Degree: This level involves burglary specific to residential structures. Charges are likely to be a Class 3 felony and receive a prison duration ranging from two years to eight years and nine months in prison.
- Third degree: Applies to burglaries in non-residential, residential, and residential fenced-in areas. Third-degree burglary is a Class 4 felony and results in 12-33 months in prison.
Regardless of which degree of burglary you are facing, it is essential to hire a Superior criminal defense lawyer. They can argue and negotiate a reduction in your charges or conviction and sentencing. They will also support you by preparing you for what to expect, your options, and the outlook of your case.
Defenses Used in Arizona Burglary Cases
According to your Sixth Amendment rights, you are entitled to hear the charges made against you by the prosecution and provide arguments and evidence in your defense. Your defense and defense strategy is pivotal to your case and can impact whether or not you spend years in prison.
Some common defenses that your burglary defense attorney in Superior may use in your case might include:
- An alibi
- Lack of intent to commit the crime
- Permission by the owner to be on the property
- Claim of right to be on the property
- Mistaken Identity
- Entrapment
- No execution of a crime
- Involuntary intoxication
- Duress
- Illegal search and/or seizure
Your lawyer will assess your situation and the charges against you to determine the most effective defense for your case. If multiple defenses are applicable, they will use any and all that are relevant and provide effective results.
The strategy your lawyer uses is contingent on the specifics of your situation, as there might be variables that must first be considered, along with the bearing they will have on your case.
Aggravating and Mitigating Factors in a Burglary Case
The final outcome of your case, if convicted and sentenced, can be heavily influenced by aggravating or mitigating factors, as defined by ARS §13-701. These aspects can increase or decrease the charges you are facing and how much time you may have to serve in prison. They are considered in felony cases in particular.
As the name implies, aggravating factors are elements in your case that can make your charges worse. According to Arizona, aggravating factors are those that involve causing serious physical harm, possession or use of a deadly weapon, damaging property, causing death, having an accomplice, or committing other grievous offenses. Aggravating factors are likely to result in harsher punishments.
Conversely, mitigating factors will reduce your charges and/or sentence terms. The state considers age, penitence, level of participation, duress, background, and level of cooperation to be mitigating factors.
If any of these factors apply to your situation, Suzuki Law Offices can argue that these be used in your favor to reduce your charges or punishment.
A Superior Burglary Defense Attorney Will Protect Your Rights
When hiring a burglary defense lawyer in Superior, your lawyer will walk you through your options, defense strategies, and the legal elements of burglary in Arizona.
Since the basis of a burglary claim is an intention to commit a crime, prosecutors in your case will often use witness statements and evidence against you that shows you discussed plans with another party and/or possessed burglary tools. With this in mind, your lawyer will use a variety of approaches to dispute their evidence.
Burglary cases can be complex, but your lawyer will examine your case from all angles and will not rest until all viable evidence is investigated and acquired for your defense.
They have an extensive understanding of the legal system, trial process, and prosecutorial knowledge they will draw upon as they build your case and effectively negotiate a less severe punishment. With a proven track record of success, you can be confident that your lawyer has your interests at heart.
Your lawyer will also fiercely defend your rights throughout the case. In the event that your rights are violated, your lawyer may be able to use that to get a piece of evidence thrown out or your case dismissed entirely. Talk to your lawyer immediately if you are unsure if an aspect of your case was not handled properly.
Suzuki Law Offices is Always Available to Represent You
Suzuki Law Offices knows the criminal justice system can be intimidating, and we work diligently to get you a better outcome when there is so much at stake.
Our team is available 24/7 and has decades of experience advocating for you when you need us the most. Contact us today to schedule a free consultation and learn more about how we will fight for you.
Call or text (602) 682-5270 or complete a Free Case Evaluation form