MESA PHOENIX BURGLARY DEFENSE ATTORNEY
According to A.R.S. § 13-1506 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 intending to commit any theft or any felony there or making entry into any part of a car using a manipulation key or master key intending to commit any theft or felony in the car. It is a Class 4 felony punishable by 1 to 3.75 years in prison for a first time felony offense.
A.R.S. § 13-1507 states that a person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure intending to commit any theft or any felony there. It is a Class 3 felony punishable by 2 to 8.75 years in prison for a first time felony offense.
“With burglary charges, I often attack the evidence or lack thereof.”
Lisa Witt
A.R.S.§ 13-1508 states that a person commits burglary in the first degree if such person or an accomplice violates either A.R.S. § 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument while committing any theft or felony. It is a Class 3 felony punishable by 2 to 8.75 years in prison for a first time felony offense if A.R.S. § 13-1506 is charged. It is a Class 2 felony punishable by 3 to 12.5 years in prison for a first time felony offense if A.R.S. § 13-1507 is charged.
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DEFENSES FOR BURGLARY CHARGES IN ARIZONA
The consequences for a charge of burglary can be very serious. Lisa will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:
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Act described is not burglary: The act described in the indictment may not fit the statutory definition of burglary.
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No intent to commit any theft or felony when entering or remaining unlawfully: You may not have had any intent to commit a theft or felony when entering or remaining unlawfully.
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No intent to commit burglary: You may not have the necessary intent for the State to prove burglary beyond a reasonable doubt.
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Eyewitnesses: You may have eyewitnesses who can testify about what happened.
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State’s witnesses are mistaken or lying about what happened.
“High tech evidence needs a high tech defense—I’m up for the challenge.”
Lisa Witt
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Incredibility of State’s story: The State’s story may be incredible based on the timeline or other evidence.
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Mistaken identity: Someone else committed the burglary and you were mistakenly identified as the suspect.
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Sentencing enhancements do not apply: Sentencing enhancements such as dangerous nature of the offense, repetitive nature of the offense and/or crime committed while on probation or release do not necessarily apply just because the State argues that they do.
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Missing or tainted evidence: Sometimes the State’s evidence is missing or tainted.
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Suppression of State’s evidence: The State may have violated your constitutional rights or otherwise acted illegally in obtaining evidence or your confession so the evidence is suppressed.
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Insufficiency of State’s evidence: The State may have insufficient evidence to prove burglary beyond a reasonable doubt.
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Reduction in number of counts: Each count of your indictment should concern a separate criminal act or victim and not be parts of the same burglary.
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Police misconduct: There may be police misconduct in investigating the charge, collecting the evidence, interviewing the victim and witnesses, or obtaining your confession.
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Prosecutorial misconduct: There may be prosecutorial misconduct in disclosing the evidence, interviewing victims and witnesses, and in the general course of your case.
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Possible other defenses: Depending on the unique facts of your case, there may be other possible defenses. Lisa thinks outside the box when defending your case so she may come up with a novel defense that no other attorney has thought of before.
If you or a loved one is facing a charge of burglary, it’s very important to hire a detail-oriented, passionate defense attorney who will fight for you as soon as possible. Call LisaLaw, LLC or fill out the on-line form for a free case review.
Lisa Witt is a Mesa/Phoenix, Arizona burglary defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.