Burglary Defense Lawyer in Phoenix
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Phoenix Burglary Defense Lawyer
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Burglary is a serious crime under Arizona law. In addition to the criminal penalties one faces, such as jail time and hefty fines, there are also a number of social and personal ramifications for those convicted of burglary in Arizona. That is why those facing such criminal charges need the help of an experienced Phoenix criminal defense attorney on their side to mitigate the consequences they face.
Belén Olmedo Guerra, a renowned criminal defense lawyer in Phoenix, is aware of the particular circumstances surrounding the prosecution and defense of a burglary case and possesses the knowledge and courtroom experience necessary to vigorously advocate on your behalf. Call our Phoenix criminal defense attorneys at Belén Law Firm right away to arrange a free consultation to go through your case if you or a loved one is charged with a burglary offense in Phoenix, Arizona. You can reach us at (602) 715-0908 or by completing our online intake form here.
What is Burglary?
The crime of burglary occurs when an individual unlawfully enters a place or structure with the intent to commit a felony or theft crime. The offender need not use force to enter the premises and there does not need to be a victim present to be considered burglary. There also does not need to be any stolen property found on the defendant. So long as the intent to commit a crime can be proven, a person may be charged with first, second, or third-degree burglary in Arizona.
Burglary vs. Robbery
Many people tend to think robbery and burglary are synonymous with one another, or at least closely related. However, this is not the case. If someone threatens or physically takes another person’s property, they have committed robbery. Meanwhile, burglary does not even have to be considered a theft crime. Rather, it is the entering of a building or structure with the mere intent to commit any sort of crime. This could be robbery, of course, but it could also be a sex crime, stalking, assault, or any other number of crimes.
Think of it this way: burglary may be considered a crime against a place, while robbery is a crime committed against a person.
Degrees of Burglary in Arizona
Depending on the circumstances surrounding the alleged crime, you may be charged with either first, second, or third-degree burglary. The definitions of each degree are provided below.
1st Degree Burglary Arizona
The classification of burglary in the first degree can be found in the Arizona criminal statute § 13-1508. ARS 13-1508 states the following:
A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
2nd Degree Burglary Arizona
ARS 13-1507 covers burglary in the second degree. It states:
A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.
3rd Degree Burglary Arizona
The classification for third-degree burglary in Arizona can be found in ARS 13-1506, which states:
A person commits burglary in the third degree by:
- Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.
- Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.
Possession of a Burglary Tool
Under ARS 13-1505, a person commits possession of burglary tools by:
- Possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary as defined in sections 13-1506, 13-1507 and 13-1508 and intending to use or permit the use of such an item in the commission of a burglary.
- Buying, selling, transferring, possessing or using a motor vehicle manipulation key or master key.
What are the Penalties for Burglary in Arizona?
Third-degree burglary in Arizona is considered a Class 4 felony, while burglary in the second degree is a Class 3 felony offense. The most serious burglary offense, burglary in the first degree, may be either a Class 3 felony or a Class 2 felony. If the offense is committed in a residential structure, it is a Class 2 felony, but if it’s committed in a nonresidential structure or a fenced commercial or residential yard, it is a Class 3 felony. Finally, possession of a burglary tool is a Class 6 felony offense.
A conviction for any degree of burglary in Arizona depends on whether or not the defendant has any previous offenses under their belt. Below, we’ll list the potential sentencing ranges for each degree of burglary for first-time offenders. To see the full sentencing guidelines for repetitive offenses, check out our blog for Arizona Felony Sentencing Charts.
Third-Degree Burglary
For a first-time offense of third-degree burglary, defendants face anywhere from 1 year to 3.75 years in prison.
Second-Degree Burglary
For a first-time offender, the sentence for second-degree burglary may be anywhere between 2 years to 8.75 years.
First-Degree Burglary
If a first-degree burglary offense is considered a Class 3 felony, the sentencing ranges from 5 to 15 years in prison for first time offenders. For Class 2 felony offenses, the mininum sentence is 7 years and the maximum sentence is 21 years in prison.
Possession of a Burglary Tool
As a Class 6 felony offense, possession of a burglary tool carries a sentence between 4 months in jail to up to 2 years.
Why You Need an Experienced Criminal Defense Attorney for Your AZ Burglary Charges
If you have committed or been accused of committing burglary in any degree, you face serious penalties. As such, it is imperative that you have the help of an experienced Phoenix criminal defense lawyer on your side. By doing so, you may safeguard your constitutional rights and give yourself the best opportunity of having your case dropped, the severity of your criminal charges lowered, or even proving your innocence in court. When you obtain the help of the Phoenix criminal defense lawyers at Belén Law Firm, you equip yourself with a legal team that has the knowledge and skill necessary to present a successful defense while offering personal attention to help you navigate the complexities of the Arizona criminal justice system.
Your criminal lawyer at Belén Law Firm will work relentlessly to build and strengthen your defense, such as obtaining police reports, witness statements, and analyzing any evidence the prosecutor plans to use against you. The peace of mind that comes from knowing that someone is working tirelessly to defend your legal rights and your freedom is priceless. If you have been arrested for burglary, call (602) 715-0908 right away for a free case review and to find out more about how the super lawyers at Belén Law Firm can assist you.
If You’ve Been Charged with Burglary in Phoenix, Call Belén Law Firm Right Away
If you are facing charges for a burglary offense in Phoenix, Arizona, the dedicated Phoenix criminal defense attorneys at Belén Law Firm can help. We are dedicated to helping clients across Phoenix and Maricopa County, fighting hard to ensure we obtain the best possible outcome for each case we take on.
To discuss the specifics of your legal issue in complete confidentiality, call (602) 715-0908 or complete our online intake form for a free consultation today.
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