How a Phoenix Burglary Lawyer can Help Fight Burglary Charges: (2024)
Facing burglary charges in Arizona can be a daunting experience, with severe legal consequences that can affect your future. This comprehensive guide will provide an overview of Arizona Revised Statutes (ARS) §§ 13-1505 to 13-1508, explaining different types of burglary offenses, potential consequences, and how an experienced Phoenix burglary lawyer can craft effective defense strategies. Each section will also feature hypothetical scenarios (hypos) to illustrate these laws in practice.
What Constitutes Burglary in Arizona?
Arizona law defines burglary as unlawfully entering or remaining in a structure with the intent to commit a theft or any other felony. Each type of burglary varies in terms of circumstances, involved properties, and the presence of weapons. Here’s a detailed breakdown of Burglary charges in Arizona. Burglary crimes are generally categorized as Theft Crimes in Arizona.
ARS § 13-1505: Possession of Burglary Tools in Phoenix
Definition: Possession of burglary tools involves having tools or devices intended for facilitating unauthorized entry. This can include conventional tools like lock picks, crowbars, or even sophisticated items like master keys and manipulation keys.
Potential Consequences: Being found guilty of possessing burglary tools is classified as a Class 6 felony, which may result in:
- Imprisonment: Up to 2 years for first-time offenders.
- Fines and Restitution: Financial penalties and compensation to affected parties.
- Permanent Criminal Record: Long-term impact on employment and personal reputation.
Hypothetical Scenario: Consider “John,” who is found with a set of lock-picking tools and a master key near a residential neighborhood. Although John argues he is a locksmith, the tools’ presence in suspicious circumstances can lead to charges. A seasoned Phoenix burglary lawyer would probe John’s explanation and emphasize legitimate purposes to challenge intent.
Defense Strategies: A Phoenix burglary lawyer may argue that the possession was for lawful, non-criminal purposes or that the prosecution cannot prove intent. Demonstrating an innocent use for the tools can weaken the state’s case.
ARS § 13-1506: Burglary in the Third Degree in Phoenix
Definition: Third-degree burglary occurs when an individual unlawfully enters or remains in a non-residential structure or a fenced commercial or residential yard with the intent to commit a felony or theft.
Potential Consequences: Classified as a Class 4 felony, third-degree burglary can result in:
- Prison Sentence: 1.5 to 3 years for first offenses; longer for repeat offenders.
- Probation: In some cases, probation may be an option, contingent on the crime’s specifics.
- Community Service and Fines: Additional penalties can include community service or financial obligations.
Hypothetical Scenario: Imagine “Lisa,” who is caught inside a fenced commercial lot after business hours, claiming she was retrieving lost property. If the state cannot establish intent to commit a theft or felony, a Phoenix burglary lawyer might leverage this defense to argue for dismissal or reduced charges.
Defense Strategies: Key defenses include lack of intent, mistaken identity, or lack of unlawful entry. Presenting alibi witnesses or video footage can bolster claims of innocence.
ARS § 13-1507: Burglary in the Second Degree in Phoenix
Definition: Second-degree burglary involves unlawfully entering or remaining in a residential structure with the intent to commit a felony or theft. This statute reflects the severity due to the intrusion of someone’s private space.
Potential Consequences: This is a Class 3 felony, carrying harsher penalties:
- Imprisonment: 2 to 8.75 years, potentially higher for those with prior convictions.
- Mandatory Probation: In rare cases where mitigating circumstances are present.
- Loss of Rights: Conviction can lead to the loss of civil rights such as voting or firearm possession.
Hypothetical Scenario: “David” enters an unlocked house he claims belongs to a friend, intending to grab a personal item. However, he is caught by the homeowner, who was unaware of David’s plans. A Phoenix burglary lawyer would argue the absence of criminal intent and seek to clarify David’s motives.
Defense Strategies: Defense tactics could focus on questioning intent, arguing consent or permission, or challenging the credibility of evidence such as unclear witness accounts.
ARS § 13-1508: Burglary in the First Degree in Phoenix
Definition: First-degree burglary occurs when a person commits third or second-degree burglary while possessing a deadly weapon or using a dangerous instrument or explosives. The presence of a weapon dramatically increases the offense’s severity.
Potential Consequences: Classified as a Class 2 felony for residential structures and Class 3 felony for non-residential, the penalties include:
- Prison Sentence: Ranging from 3 to 12.5 years, with enhanced terms for repeated offenses or use of dangerous instruments.
- Restitution and Fines: Substantial financial liabilities may be imposed.
- Felony Record: Long-term effects on personal and professional life.
Hypothetical Scenario: “Maria” breaks into an empty home at night while carrying a concealed knife for self-defense. If caught, the knife’s presence escalates the charge to first-degree burglary. A Phoenix burglary lawyer could argue that Maria had no intent to use the weapon, aiming to downgrade the charge.
Defense Strategies: Potential defenses include disputing the presence or use of a weapon, proving the defendant’s lack of knowledge about the weapon, or highlighting procedural errors during arrest or investigation.
FAQs About Burglary Charges in Arizona
1. What are the common defenses for burglary charges? Defense strategies vary but may include arguing lack of intent, consent for entry, or misidentification. Procedural errors and constitutional rights violations during evidence collection or arrest can also form the basis for a strong defense.
2. Can burglary charges be reduced or dismissed? Yes, with a qualified Phoenix burglary lawyer, charges can potentially be reduced through plea negotiations or dismissed if there is insufficient evidence.
3. What is the difference between robbery and burglary in Arizona? Robbery involves force or threat during theft from a person, whereas burglary is entering a structure unlawfully to commit a crime. Robbery is typically a more severe charge.
4. Is probation possible for burglary convictions? For first-time or non-violent offenders, probation may be an option, especially for lesser charges like third-degree burglary.
5. Does Arizona have a “three strikes” rule for repeat offenders? While Arizona does not have a formal three-strikes law for burglary, repeat felony convictions often lead to harsher sentencing under habitual offender statutes.
How a Phoenix Burglary Lawyer can Help Your Case
Burglary charges, from possessing tools to armed first-degree offenses, have far-reaching implications. An experienced Phoenix burglary lawyer can help by:
- Providing comprehensive case assessments to identify weaknesses in the prosecution’s case.
- Crafting tailored defense strategies that address specific charges and individual circumstances.
- Negotiating plea deals or alternative sentencing options to mitigate the impact of a conviction.
Tamou Law Group, led by Michael Tamou, is committed to defending clients against burglary and related criminal charges with meticulous attention and a personalized approach.
Conclusion
Facing a burglary charge can be overwhelming, but understanding ARS §§ 13-1505 to 13-1508 helps highlight the importance of skilled legal representation. Whether defending against charges of possessing burglary tools or more serious first-degree burglary, having a strategic defense is paramount.
Contact Tamou Law Group today at 623-321-4699 for a confidential consultation and expert guidance in navigating Arizona’s complex burglary laws.
