Arrested for Burglary Charges: What you should know about Arizona burglary Laws and sentencing guidelines
SCOTTSDALE ATTORNEY BURGLARY DEFENSE TACTICS
How Top Scottsdale Burglary Lawyers defend Arizona burglary charges in the Scottsdale AZ criminal justice system.
Scottsdale Burglary Charges
If you have been arrested or charged but not yet convicted of a burglary charge in Scottsdale AZ, you should consult an experienced criminal defense attorney in Arizona or AZ burglary defense attorney who defends burglary charges frequently in Scottsdale Courts as possible.
Scottsdale AZ Burglary Penalties
The consequences of a Scottsdale burglary conviction include but are not limited to lengthy jail or prison sentences, jail or prison time, property forfeiture, financial restitution to the victim, and a criminal record that can follow you for life. . In most cases the minimum sentencing begins with one year in state prison if convicted, and the incarceration time increases from there, depending on the circumstances surrounding your arrest and charges especially if a weapon, firearm or explosive was in your possession or used. Penalties within a range are based on many factors including but not limited to the following:
• Nature of property stolen
• Value of property stolen
• Damage due to forced entry
• Whether or not a weapon was used
• Type of weapon in your possession or used
• Whether or not the victim or anyone else was injured
• Repeat offenses carry harsher penalties
• Prior Criminal History
Scottsdale Burglary Laws
Scottsdale Burglary charges fall within the authority of Arizona State Law. Arizona criminal law relating to burglary is strict. Burglary Laws in Arizona are described as the act of being in the process of or actually entering a building or other property with the intent to steal something or other criminal offense. According to Arizona Law you may be arrested or accused of burglary even under the following circumstances: 1) even if the personal residence, commercial property or building is not lock; 2) even if no one is on the property or home at the time; 3) even if nothing was actually taken or stolen from the property.
Arizona Revised Statutes:
13-1506. Burglary in the third degree; classification
A. A person commits burglary in the third degree by:
1. 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.
2. 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.
B. Burglary in the third degree is a class 4 felony.
13-1507. Burglary in the second degree
A. 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.
B. Burglary in the second degree is a class 3 felony.
13-1508. Burglary in the first degree;
A. 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.
B. Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It is a class 2 felony if committed in a residential structure.
13-1505. Possession of burglary tools; master key; manipulation key; classification
A. A person commits possession of burglary tools by:
1. 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.
2. Buying, selling, transferring, possessing or using a motor vehicle manipulation key or master key.
B. Subsection A, paragraph 2 of this section does not apply to a person who either:
3. Uses a master key in the course of the person's lawful business or occupation, including licensed vehicle dealers and manufacturers, key manufacturers who are engaged in the business of designing, making, altering, duplicating or repairing locks or keys, locksmiths, loan institutions that finance vehicles and law enforcement.
4. Transfers, possesses or uses no more than one manipulation key, unless the manipulation key is transferred, possessed or used with the intent to commit any theft or felony.
C. Possession of burglary tools is a class 6 felony.
Burglary Defense Tactics | Scottsdale Criminal Defense Attorney
If you are under investigation, been arrested, have active burglary in Scottsdale AZ, you should immediately consult a Scottsdale criminal defense or Scottsdale burglary lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or burglary lawyer in Arizona. Otherwise, it can be used against you and potentially jeopardize your defense case. You should exercise your constitutional right to remain silent and request to speak with your Scottsdale criminal attorney as soon as possible.
Top Arizona criminal attorneys or burglary defense lawyer who defends cases in Scottsdale on a regular basis will utilize one, or a combination or other not listed below as defense tactics:
Determine if your constitutional rights were violated. If so, evidence may be suppressed or can even lead to dismissal of your burglary charges.
• Make sure you are treated fairly
• Investigate and gather evidence regarding the incident that led to arrest.
• Determine if you have an argument for consent to use the property
• Determine if you legal access to enter the building or property and the property you were accused of taking actually belonged to you and can be supported as such.
• Look for flaws in the evidence or prosecutions case.
• Lack of evidence including surveillance video
• Wrong Person on the surveillance video
• No witnesses
• In absence of evidence or witnesses, questionable character or justifiability of the allegation by the accuser.
• Determine strength and evidence the prosecution has against you and determine if there is justification for suppression of any of the evidence.
• Interview or depose witnesses and police.
• Determine if a defense or argument against your guilt "beyond a reasonable doubt" that you committed burglary. The standard in all Arizona DUI and Criminal cases in Arizona, require that a defendant must be proven guilty "beyond a reasonable doubt" to be convicted.
• Build a defense strategy based on the individual circumstances surrounding the incident.
• Use of any one, or a combination of Trial Defenses determined to be the most effective in your case by your Arizona burglary defense attorney
• Present compelling arguments and file motions based on the defenses that will be used in an effort to get your case evidence suppressed, charges reduced, obtain a complete dismissal of charges.
• Explore other legal remedies with the Arizona Court and Prosecution to get you the best possible outcome in your case.