Although burglary may seem like a minor crime, it is actually one of the more serious criminal offenses you can be accused of committing in the state of Arizona.
Prosecutors take burglary charges seriously, so you could be facing harsh penalties if you are ultimately convicted. For this reason, it is crucial to trust your defense to a highly experienced Tempe burglary defense lawyer from Suzuki Law Offices.
We may not need to bring your case to trial. Negotiating with the district attorney may be in your best interest if you have a long criminal history, the consequences of a conviction are severe, or the state’s case against you is undeniably strong.
Explore your defense options further when you contact a top-rated Tempe theft crime defense lawyer at our firm 24/7 to request a confidential consultation.
Your Burglary Classification Determines Your Possible Penalties
Burglary charges are classified into three different degrees. The higher the level of your burglary charges, the more serious your penalties may be.
Your Tempe criminal defense lawyer may be able to argue that mitigating factors are present, which could convince the district attorney to reduce your burglary charges to a lower degree, which would help you avoid some of the more devastating criminal consequences.
Possession of Burglary Tools
Possession of burglary tools is a crime under ARS §13-1505. This charge may apply if you are found in possession of tools or instruments that could be used to commit burglary. This might include explosives, ropes, keys, or screwdrivers, for example.
Third-Degree Burglary
Third-degree burglary is the least serious of the burglary charges. It involves the intent to commit theft or a felony while entering a non-residential building or vehicle. This is typically considered a class four felony under ARS §13-1506, which carries penalties that include up to three years in prison.
Second-Degree Burglary
Second-degree burglary is more serious. This is generally tried as a class three felony under ARS §13-1507. If you enter a residence to commit theft or a felony, you could spend up to seven years in prison.
First-Degree Burglary
First-degree burglary charges carry the harshest penalties. If you are accused of committing first-degree burglary of a non-residential property under ARS §13-1508, you could spend as much as 15 years in an Arizona state prison. If you commit a first-degree burglary of a residential property, prison time could increase to as much as 21 years.
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Get StartedTempe Burglary Defense FAQ
What Are My Options if I Cannot Afford to Hire a Burglary Defense Attorney in Tempe?
Do not feel discouraged if you believe you cannot afford to hire a Tempe burglary defense attorney to take on your case. Although you may initially think your only option is to work with a public defender, this may not always be the case.
Since public defenders have enormous caseloads, choosing to work with one could mean you do not get the legal representation you deserve.
A burglary defense lawyer in Tempe works with the accused on a variety of different structures. In some cases, we may be able to work with you at a flat rate. Other times, we may require a retainer before we can start working on your case or agree to work on an hourly basis.
If I Am Convicted, Can I Get Any Record Sealed?
Yes, if you are convicted of a low-level burglary offense, you may be able to get your record expunged. Record expungement has only been available in Arizona for a short amount of time.
Under ARS §13-911, instead of having your record “set aside,” it can be erased so no one other than certain law enforcement officials can access them.
However, before you can get your burglary conviction expunged, you need to meet specific requirements. Generally, misdemeanor offenses have a three-year waiting period. This means you will need to wait three years from the date of your conviction before you can petition the court to have your record sealed.
If you were never formally charged or charged, but the charges were later dropped, or you were found not guilty, you may also qualify for expungement. Expungement is not available in every case, as the prosecutor has the authority to object to your petition. If this happens, you may need to attend a formal hearing before the judge.
Is There a Statute of Limitations for Burglary in Arizona?
Yes, the district attorney handling the burglary allegations against you has a limited amount of time to file charges. According to ARS §13-107, the prosecutor may have up to seven years to file charges for a class three felony.
However, if your burglary case is tried as a misdemeanor, the statute of limitations would expire one year from the date of the alleged offense.
Getting charges filed before the statute of limitations runs out is crucial. If the DA fails to initiate prosecution before the deadline, we may be able to get your case tossed out.
You can find out more about how much longer the prosecutor might have to file charges against you when you contact Suzuki Law Offices to discuss the specific details of your case.
Is There a Difference Between Robbery and Burglary?
Yes, there are several differences between burglary and robbery. Robbery may be considered a more serious offense under ARS §13-1902 and may require the skills of a dedicated Tempe armed robbery defense lawyer. This is because it involves the threat or use of force while committing theft.
However, a burglary charge is a little different. Here, there is no use or threat of force. Instead, you can be charged with burglary if you enter someone’s property with the intent to commit theft.
Whether you are charged with burglary or robbery, you may find yourself in need of a Tempe violent crimes lawyer. If aggravating factors are present, either may lead to enhanced criminal penalties. This might include more time in jail or prison and elevated fines.
Lawyer Near Me 602-682-5270Get Help from a Reputable Burglary Defense Lawyer in Tempe Today
Your arrest and the burglary charges against you may be turning your world upside down, but that does not mean they need to define your future. With a powerful defense strategy, you could avoid a conviction and get back to your family sooner.
Your highly qualified burglary defense attorney in Tempe from Suzuki Law Offices can help you figure out whether plea bargaining or a compelling defense trial is the best approach to your case.
Expect our team to conduct a comprehensive investigation so we can understand the strength of the district attorney’s case, determine which types of evidence should be tossed out, and identify the most plausible defense strategy.
Our goal is to introduce reasonable doubt so the jury has no other choice but to return an acquittal. Complete our secured contact form or call our office to schedule your confidential case assessment as soon as today.
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