Being taken into police custody or called in for questioning can be an emotionally taxing experience, especially if you are innocent. While the law states that defendants should be considered innocent until proven guilty, the fact is that oftentimes, the defense must introduce reasonable doubt to prove the defendant did not commit the offense. This plausible reasonable doubt is crucial if you hope to avoid the harsh penalties that come with a guilty verdict.
If you have been accused of committing burglary, you are looking at a mandatory minimum prison term, among other consequences. Take steps to protect your future by consulting a top-rated Peoria burglary defense lawyer from Suzuki Law Offices. Schedule your confidential case evaluation with a reputable Peoria criminal defense lawyer at our firm today to learn more about whether a plea agreement is in your best interest and how to best approach your defense strategy.
How Burglary Charges Are Classified Under the Arizona Criminal Statute
Burglary, even at the lowest level of the third degree, is considered a felony-level offense under ARS §13-1506. This is one of the more serious types of crimes you could be accused of committing. Unlike misdemeanors, felonies are far more serious and, in some cases, may include a mandatory minimum prison term.
You may not be able to plead your felony burglary charge down to a misdemeanor, but your criminal defender may be able to convince the district attorney to allow you to enter a pretrial diversion program. This may be an excellent option if you have never been accused of committing a crime before since burglary is not considered a violent crime.
However, the requirements for pretrial diversion are strict. If you enter a pretrial diversion program as described under ARS §9-500.22, there are specific criteria you will need to follow, including paying restitution, avoiding further arrest, completing group therapy or anger management, and other requirements. If you fail to follow the terms of a pretrial diversion program, the district attorney will simply move forward with the burglary charges against you.
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What Happens if You Are Found Guilty of Burglary in Peoria?
If you are found guilty of committing burglary in Peoria, you could be facing serious penalties. The state imposes a mandatory minimum sentence for those convicted of burglary crimes. Here are the following mandatory minimum sentences and max sentences that may apply based on the degree of burglary charges:
- First-degree burglary – Under ARS §13-1508, there is a mandatory minimum sentence of seven years in an Arizona state prison, with a maximum penalty of 21 years. You could also be fined up to $150,000.
- Second-degree burglary – Under ARS §13-1507, there is a mandatory minimum sentence of two years in an Arizona state prison, with a maximum penalty of just under nine years.
- Third-degree burglary – Under ARS §13-1506, there is a mandatory minimum sentence of one year in an Arizona state prison with a maximum penalty of just under four years.
Those convicted of burglary do not face only jail time. Fines could reach up to $100,000, you could be ordered to forfeit property and assets, and your future could be affected by a felony conviction on your criminal record. It may be difficult or impossible for you to escape your past with a burglary conviction on your record.
How Much Does It Cost to Hire a Peoria Burglary Defense Attorney?
One of the perks of hiring a Peoria Tucson armed robbery defense lawyer with Suzuki Law Offices is the ability to get a legal advocate on your side without breaking the bank. The exact amount you can expect to spend will vary based on the specific circumstances of your case, including the complexity of the charges against you. A Peoria burglary defense attorney may require a retainer to reserve our legal services.
Depending on your situation, there may be several possible payment structures. In some cases, a burglary defense attorney in Peoria will work for clients on a flat rate. For others, an hourly fee is more appropriate.
Is There a Deadline for Arresting Someone for Burglary in AZ?
There is a deadline for filing criminal charges against someone for burglary in Arizona. According to ARS §13-107, the district attorney has up to seven years to file criminal charges against you. If they fail to do so before the statute of limitations runs out, they should not be able to prosecute you.
However, that does not mean the prosecutor will not attempt to try. This makes the question of why you should hire a criminal defense lawyer an easy one to answer. If the DA waits too long, we can file a motion to dismiss the charges against you so you can get home to your family sooner.
Is Burglary an Expungeable Offense?
Yes, burglary may be an expungeable offense, depending on the circumstances of your case. Not everyone will meet the eligibility requirements for record sealing as outlined under ARS §13-911. These include:
- Waiting five or 10 years from the date your sentence was completed, depending on your felony level.
- Avoiding additional criminal convictions since your sentence completion.
- Completing the terms of your sentence, including probation requirements and paying court fees, fines, and restitution.
If you are eligible for expungement, you can file a petition with the court. However, it will be up to the judge to determine whether your request should be granted. This is not something that will be taken lightly, as expungement means your criminal record is effectively erased from public view.
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The burglary charges against you are severe. Not only could your reputation be destroyed, but you could also face considerable time in prison and an excess of court fees and fines you may not be able to afford. Your entire future could be in jeopardy if you are convicted.
Now is the time to take charge of your defense. Turn to a high-powered burglary defense lawyer in Peoria from Suzuki Law Offices to present compelling evidence at trial or secure a reasonable plea by working with the prosecutor. Explore every possible defense option in greater detail when you contact our office by phone or through our secured contact form to schedule your confidential consultation as soon as today.
Call or text 602-682-5270 or complete a Free Case Evaluation form