“Find out why top Phoenix criminal attorneys will advise you not to plead guilty before consulting an experienced criminal lawyer in Phoenix AZ who defends burglary charges.”
Phoenix Burglary Charges
Burglary charges in Phoenix Arizona are considered to be crimes against or involving a victim and therefore, considered very serious offenses. If you face active burglary charges you should consult a Phoenix criminal lawyer who is experienced at defending burglary charges in Phoenix AZ. There are multiple classifications of burglary. However, all classifications of burglary are charged as felonies. If convicted, all felonies expose you to potential prison terms and other harsh sentencing.
Phoenix Arizona Burglary Laws
Arizona Law outlines burglary laws under A.R.S. Chapter 15 13-1501 “CRIMINAL TRESPASS AND BURGLARY”. The differences in classifications depend on the circumstances surrounding the offense and how serious it was. While each category is different, they all share a common description: Burglary described as the act of entering or remaining in or on a property belonging to another with the intent to commit theft or burglary.
Here are some other interesting aspects of Arizona laws relating to burglary.
• The way the Arizona burglary law is written, a person may be arrested for burglary or convicted of burglary if they simply “intended” to steal something, but in fact did not take anything.
• Burglarizing a residence is considered more serious an offense than burglarizing commercial property for purposes of sentencing.
• With regard to Burglary in the first degree, a person or their accomplice must have “knowledge” that they or the person committing the burglary is using or in possession of a gun, explosive, or other deadly weapon in order to be convicted of burglary in the first degree.
• To be charged and convicted of burglary, it is not necessary for the building or area to be locked.
• To be charged and convicted of burglary, it is not necessary for anyone to be home or in the building during the burglary.
• Burglary charges are often coupled with other charges such as Criminal Trespassing for purposes of sentencing.
• All burglaries are charged as felonies that will expose you to prison sentencing.
Burglary Classifications in Arizona
Burglary charges in Arizona are classified under A.R.S. Chapter 15 “CRIMINAL TRESPASS AND BURGLARY” 13-1505, 13-1506, 13-1507, and 13-1508. Below are four of the most common burglary charges:
• A.R.S. 13-1505: Burglary tools and illegal auto master key possession; (Class 6 Felony);
• A.R.S. 13-1506: Burglary in the Third Degree; (Class 4 Felony);
• A.RS. 13-1507: Second Degree Burglary; (Class 3 Felony);
• A.R.S. 13-1508: First Degree Burglary; (Class 3/commercial & Class 2/residential)
The classifications range from a Class 6 Felony which is least severe to a Class 2 Felony which is the most severe. To put the levels into perspective, the only classification more serious than Burglary in the First Degree is a Class 1 felony and homicide is a Class 1 felony.
Arizona Burglary Sentencing Guidelines
Arizona Burglary Sentencing Guidelines can be found under A.R.S. Chapter 7 “SENTENCING AND IMPRISONMENT” 13-701 to 13-706. Since all burglary charges are categorized as felonies the sentencing guidelines for felonies apply to convictions.
Each Felony Classification has a minimum and maximum sentencing range for prison terms. Whether or not a sentence will fall closer to a minimum or maximum range depends on several factors. Below are some examples:
1) The existence of “mitigating factors” or “aggravating factors”;
2) Whether or not it was a repeat offense or first time offense;
3) Prior criminal history;
4) Whether or not, and how serious, a victim was harmed;
5) Whether or not a firearm or other deadly weapon was used during the burglary;
6) Value of the property stolen in the burglary;
7) Extent of damage to the property due to unlawful forced entry.
Criminal Defense Lawyer for Burglary Charges in Phoenix AZ
No matter how serious the criminal charges, a defendant is innocent until proven guilty, and has the right to defend the charges against them. Burglary is too serious an offense to combat alone. This is why top Phoenix criminal attorneys will advise you not to plead guilty before consulting an experienced criminal lawyer in Phoenix AZ who defends burglary charges. A good criminal
Lawyers will defend your rights; make sure you are treated fairly; and fight to get your Phoenix burglary charges dismissed. If every avenue has been exhausted, and it is impossible to get the charges dismissed, they will challenge the prosecution’s case for weaknesses in evidence, mitigating factors, and other defense strategies to get your charges and penalties reduced in order to get the best possible outcome in your case.
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