Not all crimes carry the same penalties. However, burglary is one of those crimes that is taken more seriously than, say, petty theft. Burglary may be considered a serious crime and come with harsh consequences if you are convicted.
Crafting a compelling defense strategy with the help of a reputable Glendale burglary defense lawyer from Suzuki Law Offices may be your best hope of clearing your name.
You need a top-rated Glendale theft crimes lawyer on your side who will work tirelessly to build the strongest defense possible – our founder, attorney Richard J. Suzuki, was even selected as an Elite Lawyer in Criminal Defense for 2024. Contact our team to request a confidential consultation today and further explore your defense options.
Is Burglary a Misdemeanor?
No. Burglary is generally considered a felony offense. There are several types of burglary charges a Glendale criminal defense lawyer can help you with, including:
- First-degree burglary under ARS §13-1506
- Second-degree burglary under ARS §13-1507
- Third-degree burglary under ARS §13-1508
- Possession of burglary tools under ARS §13-1505
Your Glendale violent crimes lawyer will carefully consider the evidence and the details of your case to determine whether we could get your burglary charges reduced to a less serious offense. If you are convicted of a misdemeanor, the penalties may not be as harsh. Alternatively, we may be able to get the case against you dismissed if evidence was unlawfully obtained or the elements of the offense have not been met.
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Get StartedThe Penalties of a Burglary Conviction Are Severe
If you are found guilty of burglary, your entire life may be turned upside down. The extent of your penalties will vary widely depending on which degree of burglary you are charged with. For example, if you are accused of committing third-degree burglary under ARS §13-1506, there is a mandatory minimum one-year prison term with a maximum present term of 3.75 years.
However, if you are convicted of first-degree burglary under ARS §13.1508, and this is not your first offense, the mandatory minimum sentence could be a seven-year prison term with a maximum prison term of 21 years. But it is not only prison time you need to be worried about. There are also fines, probation restrictions, and other criminal penalties.
Beyond these, there are collateral consequences. These include every other way your life will be affected post-conviction. For example, you may lose out on job opportunities due to your criminal record, struggle to maintain close relationships with family and friends, and have difficulty moving forward with your life since your reputation has been destroyed.
Lawyer Near Me 602-682-5270Glendale Burglary Defense FAQ
How do I Avoid Self-Incrimination?
You can avoid the risks of self-incrimination by remaining silent. You have the right to remain silent as described in your Miranda rights. This is also commonly referred to as “pleading the fifth.”
The Fifth Amendment protects you from self-incrimination. When law enforcement officials attempt to question you upon your arrest, politely inform them that you are going to be exercising your right to remain silent and that you would like to speak with your Glendale burglary defense attorney. You are not legally obligated to answer any other questions investigators may ask you, and once you ask for your burglary defense lawyer in Glendale, all questioning should stop.
What Happens During Arraignment in Glendale?
Your arraignment is where the district attorney files formal criminal charges against you. Here, you will need to enter your plea. According to the Arizona Judicial Branch, up to 98% percent of criminal cases are resolved through plea bargaining, pretrial intervention, or dismissal.
You have the option of pleading guilty, not guilty, or no contest. If you plead not guilty, a trial date will be set, and we will attempt to work out a plea agreement or begin crafting your defense strategy. During arraignment, the judge will also determine whether bail should be granted in your case.
How Long does the District Attorney Have to File Burglary Charges?
The district attorney may have a maximum of seven years to file formal burglary charges against you. According to ARS §13-107, most misdemeanor crimes have a statute of limitations for criminal charges of up to one year from the date of the alleged crime, while felony crimes have a statute of limitations of seven years.
This means if the district attorney does not file charges before this date, they will not be able to move forward with criminal charges against you.
If I Am Convicted Will I Qualify for Expungement?
Under ARS §13–911, you may be able to get your burglary conviction expunged from your record. If your petition is granted, the guilty verdict will be erased from your record, and it will be as if the conviction never happened. As long as you meet the following requirements, you may qualify for expunction:
- You were charged with burglary, but the charges against you were dismissed, or you were found “not guilty.”
- You were convicted of burglary but completed the terms of your sentence, including paying restitution and court fees.
- You were arrested on suspicion of a burglary offense, but no formal charges were filed against you.
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Connect with a Trial-Tested Burglary Defense Lawyer in Glendale Today
Whether this is your first time being accused of a crime or you have a history of criminal convictions, a burglary charge could permanently alter the course of your life.
If convicted, you could be looking at jail time, expensive fines, and a criminal record that will continue to follow you for the foreseeable future, which could negatively impact your opportunities to put your arrest behind you. If you hope to avoid the fallout, working with an experienced burglary defense attorney in Glendale from Suzuki Law Offices may be in your best interest.
Our team is prepared to closely evaluate the evidence against you to determine which approach to your case is most likely to return an acquittal or other favorable outcome.
For some, that may mean negotiating with the district attorney to secure a plea agreement or enrolling in pretrial diversion. Fill out our secured contact form or call our office to schedule your confidential consultation and consider all possible defense strategies.
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