Gilbert Burglary Defense Lawyer

Some types of criminal offenses are minor. You can avoid a trial altogether by paying a fine or entering pre-trial diversion. However, burglary is considered a serious crime that comes with harsh criminal penalties. If you have been accused, you need a powerful Gilbert burglary defense lawyer from Suzuki Law Offices on your side.

Contact our Gilbert theft crime defense lawyer to schedule a confidential consultation today to discuss your criminal history, the aggravating or mitigating factors present in your case, and what to expect if you are convicted.

Burglary Charges Come with Harsh Penalties if Convicted 

Your tactical Gilbert criminal defense lawyer is available 24/7 to help you while you are being questioned, need to prearrange bail, or are ready to take your defense strategy seriously.

There are multiple types of burglary charges. They are classified by degree, and the degree of your burglary charges will determine the penalties you face.

For instance, if you are charged with entering a motor vehicle, fenced yard, or non-residential structure without permission, you could be facing third-degree burglary charges, punishable by up to three years in prison per ARS §13-1506.

Conversely, if you are accused of first-degree burglary, the sentence is much worse. You could spend up to 10 years in an Arizona state prison as described under ARS §13-1508 if this is your first offense.

Your Gilbert armed robbery defense lawyer may need to negotiate with the prosecutor to see if a burglary defense lawyer in Gilbert can get your charges pleaded down to a lesser offense.

Collateral Consequences 

Collateral consequences can be just as devastating as criminal penalties. The collateral consequences describe every way your life will be affected after you complete your sentence. You will now be labeled a convicted felon, which will be made known on your criminal record.

This could have a catastrophic impact on your employment and housing prospects. Your family may turn their backs on you, not wanting to be affiliated with someone who has been convicted of such a serious crime. You could lose custody or visitation of your children as well.

You also need to worry about protecting your rights. If you are a convicted felon, you may lose your right to vote per ARS §13-904, and you may be stripped of your firearm rights.

Clearing your name with help from a Gilbert sex crimes lawyer from Suzuki Law Offices may be the best way to avoid the lifelong consequences that will continue to haunt you.

Gilbert Burglary Defense FAQ

Is Burglary a Wobbler in Arizona?

No, burglary is not a wobbler offense under Arizona law. You will generally not be charged with a misdemeanor if you are accused of committing burglary. This is because burglary is considered a felony-level offense. 

The only way you can face misdemeanor charges is if your Gilbert burglary defense attorney can work out a plea with the district attorney.

Instead of prosecuting you for burglary, they may be willing to charge you with a less serious offense in exchange for a guilty plea. This way, you could avoid some of the more serious criminal penalties that follow a burglary conviction.

Can I Enter Pre-Trial Diversion to Avoid a Conviction?

Pre-trial diversion may be available if you are accused of burglary as described under ARS §9-500.22. However, not everyone will meet the eligibility requirements. To qualify, you generally must be a nonviolent, first-time offender.

However, multiple types of diversion programs may be available to individuals who are dealing with substance abuse or alcoholism or are victims of domestic violence.

When you enter a pre-trial diversion program, you will be expected to meet specific program requirements. If you fail to fulfill these obligations, the district attorney can revoke your pre-trial diversion and move forward with the burglary charges against you.

Will I Get Probation if I Am Convicted of Burglary?

Probation is possible if you are convicted of burglary in Arizona, but it depends on the nature of your charges. If you were charged with a third-degree burglary offense or are a first-time offender, the judge may be willing to give you probation, especially if you show remorse.

However, you may be less likely to get probation if anyone is seriously injured, you are not remorseful, or you have a long history of criminal convictions on your record.

Are Gilbert Burglary Charges Expungable in Arizona?

Yes, if you have been accused of committing burglary in Gilbert, it is possible your record could be expunged or sealed. Since burglary is a felony, you will need to wait a minimum of five years or as much as 10 years before the waiting period has passed. Only then can you petition the court to have your record expunged under ARS §13-911.

You must have fulfilled the terms of your sentence and avoided further criminal prosecution in the years since your original conviction. The prosecutor will have the option of objecting to your petition to get your record expunged. If the judge grants your petition, your record will be effectively erased from public view.

What Is the Deadline for Filing Burglary Charges?

The prosecutor does not have an unlimited amount of time to file burglary charges against you. Burglary is a felony, so the statute of limitations will typically expire seven years from the date the suspect’s identity becomes known to law enforcement officials, according to ARS §13-107. However, if you leave the state for any reason, the statute of limitations will pause until you return.

This gives the district attorney additional time to file charges. For example, if you were to go into hiding for 10 years, prosecutors would actually have 17 years to file charges against you. If charges are not filed before time runs out, the state should not be able to move forward with their case.

Turn to a Strategic Burglary Defense Lawyer in Gilbert for Help Today

The burglary charges against you could forever change the course of your life. It is crucial that you understand the severity of these felony charges so you can take your defense strategy seriously. Now is not the time to trust in a public defender or expect the judge to sentence you to probation.

Prison time is likely if you are found guilty of a burglary offense. Rely on your respected burglary defense attorney in Gilbert from Suzuki Law Offices to help you dodge a conviction.

Discuss potential defense strategies in greater detail when you contact our legal team by phone or through our quick contact form to schedule your free consultation as soon as today. 

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