While you might have assumed burglary was a minor crime, Arizona law says differently. Burglary is considered a serious criminal offense and is considered a felony. This means if you are convicted, the consequences will be far more severe than they would be if you were found guilty of a misdemeanor-level offense.
Fortunately, when you have a strategic Duncan burglary defense lawyer from Suzuki Law Offices on your side, you have an opportunity to clear your name of the allegations against you.
Your Duncan theft crimes lawyer is available 24/7 with the resources and legal skills you need to secure an acquittal or other favorable outcome. Contact our law office to request a confidential consultation today and discuss your initial defense strategy session.
Burglary Is a Felony in AZ
There are multiple types of burglary charges in Arizona. Each of these is generally tried as a felony. If you are charged with third-degree burglary, you could be facing up to 3.75 years in prison whereas a first-degree burglary conviction could get you 21 years.
However, these are not the only possible penalties you could be facing. Fines could reach up to $100,000, and you could be ordered to pay restitution to the alleged victim in your case.
Additionally, you may have probation restrictions, including random drug testing, meetings with your probation officer, and requirements like finding a job, going to school, and staying away from individuals who have been convicted of certain types of criminal offenses.
There are also concerns surrounding collateral consequences. These can continue to affect your life even after you have completed the terms of your sentence.
With a criminal conviction on your record, you could be passed over for opportunities that could have changed your life for the better, such as securing federal student aid so you can go back to school or finding gainful employment.
Contact our Duncan criminal defense lawyer can take a look at your case and explain your legal options to you. For more information, get in touch with us.
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Get StartedDuncan Burglary Defense FAQ
What Are the Requirements for Expungement in AZ?
If you are found guilty of burglary, you may be wondering how to seal your criminal record in Arizona. It may be possible with a conviction for burglary, but there are specific requirements you should be prepared to meet. First, you will need to wait a minimum amount of time after completing your sentence.
Depending on which class of felony you were convicted of, you could be required to wait as few as five or as much as 10 years from the date you complete your sentence as described under ARS §13-911.
Additionally, you must have completed all the requirements of your criminal sentence, including paying any court-ordered restitution or fines and completing the terms of your probation. You will only qualify for expungement if you have not been convicted of a subsequent crime, with the exception of minor misdemeanor offenses.
Do I Qualify for Pretrial Diversion?
Qualifying for a pretrial diversion may not be as easy as you initially thought. According to ARS §9-500.22, pretrial diversion is generally only available for first-time offenders. If you have a history of criminal convictions, the prosecutor is far less likely to allow you to enter pretrial diversion.
You must also be accused of committing a nonviolent crime, such as burglary. Violent crimes are generally ineligible for pretrial diversion. If you qualify for pretrial diversion and enroll, there will be specific requirements you need to meet if you hope to get the criminal burglary charges against you reduced or dismissed.
Is There a Mandatory Minimum Sentence for Burglary in Duncan?
Yes, there are mandatory minimum sentences for burglary convictions in Arizona. The degree of your burglary charges will determine the mandatory minimum sentence. Here are the mandatory minimum sentences that apply for each of the different types of burglary charges:
- Third–degree burglary – one year in prison
- Second–degree burglary – two years in prison
- First–degree burglary – seven years in prison
The court system will take into account whether there are aggravating or mitigating factors present when determining what your sentence should be. Keep in mind that these are only the mandatory minimum prison sentences.
If you don’t seek the help of a burglary defense attorney in Duncan and are found guilty, the judge could sentence you to additional prison time if they find you do not show remorse or are labeled a threat to society.
How Long Does the State Have to Prosecute?
The statute of limitations for burglary charges in Arizona is generally seven years per ARS §13-107. This is because burglary is considered a felony-level crime.
If prosecutors do not bring forward charges within seven years of the incident, your Duncan burglary defense attorney with Suzuki Law Offices may be able to petition the court to dismiss the charges against you.
What Is the Difference Between Burglary and Robbery Under Arizona Law?
Although many people assume robbery and burglary are the same thing, they are two entirely different crimes. With burglary, you are accused of entering a home, business, or commercial space with the intent to commit a crime.
Conversely, robbery involves the use of threats or force while committing theft and connecting with a Duncan armed robbery defense lawyer may be in your best interest.
You do not need to enter a structure to commit robbery. As described under ARS §13-1902, robbery is a class four felony and would be considered a violent crime due to the threat or use of force, whereas burglary is considered a property crime. Both are considered felonies, but robbery may carry harsher penalties due to the threat or use of force.
Lawyer Near Me 602-682-5270Turn to a Diligent Burglary Defense Attorney in Duncan for Help Today
Whether this is your first time being accused of a criminal offense or you have spent some time navigating Arizona’s criminal justice system, it is crucial that you take the burglary charges against you seriously.
If you are convicted, the fallout could have a profound and lasting impact on your life. Do not let the district attorney deny you the future you deserve.
Get help clearing your name of the charges against you when you contact a reputable Duncan burglary defense lawyer from Suzuki Law Offices. As a team of former prosecutors, we have unique insight into how the DA may approach your burglary case.
When you are ready to schedule your confidential consultation, simply call our office or complete our secured contact form to get started on your defense as soon as today.
Call or text 602-682-5270 or complete a Free Case Evaluation form