What Are Common Defenses for Burglary?

Burglary is a serious crime with significant legal consequences in Arizona, including substantial prison time, hefty fines, and a permanent criminal record. Being accused of burglary can have personal and professional life-changing consequences. If you face such charges, a Phoenix burglary defense lawyer from Suzuki Law Offices can help you understand your legal options.

However, just because you are charged with burglary does not mean you are automatically guilty. There are several common defenses for burglary that you can present in court to challenge the prosecution’s case. Our criminal defense attorneys are all former prosecutors and can build a strong defense on your behalf to potentially avoid a conviction.

Understanding Burglary Under Arizona Law

Before delving into the defenses for burglary, it is essential to understand what the crime entails. Under Arizona laws A.R.S. §13-1506, §13-1507, and §13-1508, burglary is defined as entering or remaining unlawfully in a structure, residence, or vehicle intending to commit a theft or another felony. Arizona has several degrees of burglary, ranging from third-degree to first-degree.

Elements the Prosecution Must Prove in a Burglary Case

The prosecution must prove several elements beyond a reasonable doubt to secure a burglary conviction in Arizona. If they cannot, you may be acquitted. This is where a solid defense strategy comes into play, so you need a Phoenix criminal defense lawyer after an arrest.

• Unlawful entry or remaining: The prosecution must show that you entered or remained unlawfully in a structure, residence, or vehicle without permission.
• Intent: The prosecution must prove that you intended to commit a theft or another felony when you entered or remained in the property.
• Possession of a deadly weapon: If the charge is first-degree burglary, the prosecution must demonstrate that you knowingly possessed or used a deadly weapon or dangerous instrument during the burglary.

Common Defenses for Burglary

Defending against burglary charges requires a skilled burglary defense attorney in Phoenix and careful examination of the facts, evidence, and circumstances surrounding the case. The best defense will depend on the specific details of the case. Here are some of the most common defenses used in Arizona burglary cases:

Lack of Intent

The prosecution must prove that you specifically intended to commit theft or a felony at the time of the unlawful entry to secure a burglary conviction. If you entered the property without intending to commit a crime, you may be able to avoid a burglary conviction. For example, you may have entered a building or property to seek shelter, find someone, or even by mistake.

Consent to Enter the Property

Burglary involves entering or remaining on someone else’s property without permission. If you had the property owner’s consent or permission to enter the premises, the unlawful entry charge may not apply.

For example, if an owner invited you into the home or business or previously permitted you to enter, the element of unlawful entry is missing, and the burglary charge may not stand.

Mistaken Identity

Mistaken identity is a common defense, especially in cases where there are no clear witnesses or the crime occurred in a poorly lit area or during chaotic circumstances.

Eyewitness testimony is often unreliable, and people can easily misidentify someone, especially if they are under stress or fear at the time of the incident. Our Suzuki Law Office legal team can challenge the accuracy of witness identifications, question the reliability of video surveillance, or provide an alibi showing you were not present at the crime scene.

No Crime Was Committed

Arguing that no crime was committed is another possible defense to a burglary charge. This defense applies when you were present at the location but did not commit any theft or felony, and there is no evidence of any criminal activity.

For example, you may have been found inside a building or vehicle but had no intention of committing a crime, or you may have mistakenly believed the location was abandoned or open to the public.

Duress or Coercion

This defense applies when you were forced to commit the crime against your will due to threats of harm or actual violence. For instance, you may be able to argue that you were acting under duress if someone threatened you with physical harm or death unless you participated in the burglary.

In such cases, our firm must show that you had no reasonable alternative but to commit the crime to avoid the threatened harm.

Unlawful Search and Seizure

If the police conducted an unlawful search of your property, home, or vehicle without a valid search warrant or probable cause, any evidence obtained during the search may be inadmissible in court. Our Phoenix burglary defense attorneys can file a motion to suppress evidence that was obtained unlawfully.

If the court grants the motion and excludes key evidence, such as stolen property or burglary tools, the prosecution’s case may weaken significantly, leading to a dismissal or reduction of charges.

Alibi

You can use an alibi defense when you can prove that you were not at the scene of the burglary when the crime occurred. To establish an alibi, we will need to provide evidence that you were elsewhere at the time of the alleged burglary.

If you can present a credible alibi that shows you could not have committed the crime, it may create reasonable doubt in the jurors’ minds, resulting in an acquittal.

Intoxication

Voluntary intoxication is generally not a defense to burglary, as Arizona law does not allow you to use intoxication as an excuse for committing a crime; however, in rare cases, involuntary intoxication may be a viable defense.

In cases where we can prove involuntary intoxication, you may argue that you could not form the necessary intent to commit burglary because of your impaired state. This defense can be difficult to establish, but if successful, it could result in reduced charges or an acquittal.

Entrapment

If you can prove that you were tricked or pressured into committing the burglary by undercover officers or government agents, the entrapment defense may apply.

A criminal entrapment defense is invalid if you were predisposed to commit the crime. The key to this defense is proving that law enforcement’s actions crossed the line from investigation into coercion or enticement.

Claim of Right

A claim of right defense is based on the argument that you believed you had a legitimate right to possess the property you were accused of stealing during the burglary. For example, if you entered a home or building to retrieve property you genuinely believed was yours, you may be able to use this defense.

+This defense is most applicable when there is a dispute over ownership of the property, and you honestly believe you have a lawful right to possess the items.

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Suzuki Law Offices Can Help You Defend Against Burglary Charges

Burglary is a serious offense with long-lasting consequences, but being charged with burglary does not automatically result in a conviction. By exploring the available defenses, you can challenge the prosecution’s case and protect your rights.

Contact us today to schedule a free consultation with a skilled burglary defense lawyer in Phoenix if you face charges in Arizona.

Call or text 602-682-5270 or complete a Free Case Evaluation form