Mesa AZ Burglary Charges
Burglary charges are considered to be victim crimes. Any crime against a victim is considered to be a serious offense. If you were arrested on burglary charges in Mesa AZ, you should consult a criminal lawyer who is experienced at defending Mesa burglary charges as soon as possible. There are different levels of burglary charges in Arizona, and all of them are categorized as felonies. Any felony conviction exposes you to potential prison sentencing along with other harsh penalties.

Arizona Burglary Laws Arizona Law describes burglary under A.R.S. Chapter 15 13-1501 “CRIMINAL TRESPASS AND BURGLARY”. The different levels vary depending on the circumstances surrounding the offense. In general the law describes burglary as the act of entering property unlawfully.

Below are some Arizona Burglary Law facts:

• A person can be arrested or convicted of burglary if they “intended” to steal something, even if they did not take anything.

• Burglary to a residential property is more serious, than burglary to commercial property.

• A person or an accomplice must possess “knowledge” that the person committing the burglary is used or possessed a firearm, explosive, or other deadly weapon in order to be convicted of “First Degree Burglary” (the most serious);

• It is not necessary for the building or area to have been locked to be convicted;

• It is not necessary for a person to be in the building during the burglary, in order to be convicted;

• Burglary is often coupled with other criminal charges such as Criminal Trespassing or other charges that often occur simultaneously with a burglary;

• All burglaries are charged as felonies and expose the defendant to prison sentencing.

Arizona Burglary Classifications:
Burglary charges classifications are outlined under A.R.S. Chapter 15 “CRIMINAL TRESPASS AND BURGLARY” 13-1505, 13-1506, 13-1507, and 13-1508. Here are the main classifications of burglary under Arizona Law:

• A.R.S. 13-1505: Possession of Burglary tools; (Class 6 Felony);

• A.R.S. 13-1506: Third Degree Burglary (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) Burglary classifications range from Class 6 Felonies (least severe) to Class 2 Felonies (most serious). The only classification more serious than Class 2 First Degree Burglary is a Class 1 felony. Class 1 felonies are reserved for the most serious crimes of homicide or the taking of another person’s life.

Arizona Burglary Sentencing Guidelines
Arizona Burglary Sentencing falls under A.R.S. Chapter 7 “SENTENCING AND IMPRISONMENT” 13-701 to 13-706 which applies to burglary sentencing. All Felony Classification have sentencing ranges of minimums to maximums with regard to the length of prison terms. Sentencing Guidelines the court considers when determining the sentencing depends of many factors. Below are some considerations:

1) The presence of mitigating verses aggravating factors;

2) Repeat offense verses first time offense;

3) Criminal record;

4) Existence of violence or harm to victim (s);

5) Extent of harm to victim (s);

6) Involvement or possession of a gun, or other deadly weapon in the burglary;

7) Nature and value of property stolen;

8) Extent of damage to the vehicle, building or other property resulting from the burglary;

9) Other criminal offenses committed with the burglary (such as trespassing, or assault).

Criminal Defense Lawyer for Burglary Mesa AZ
Particularly with serious crimes it is easy to forget that every defendant is innocent until proven guilty. By law the accused has a right to defend their Mesa AZ charges. But keep in mind that it is unwise to try to defend such serious charges without representation by a qualified criminal defense attorney. A conviction for charges as serious as burglary will change your life forever and detriment every aspect of it, beginning with your future and freedom. This is why Mesa criminal lawyers will advise you to hire an experienced criminal attorney to defend your Mesa AZ burglary charges. A good criminal defense lawyer will defend you; protect your rights; assure you will be treated fairly; and fight to get your Mesa AZ burglary charges dropped, or if that is not possible, will alternatively attempt to get charges and sentencing reduced so that they have the least impact as possible on your life.

If you “Like” this article please let us know! Feel Free to subscribe and “Share”!
Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499

www.Arizonacriminaldefenselawyer.com

www.novakazlaw.com

www.arizonacriminaldefenseattorneyblog.com

www.phoenixduilawyerblog.com

Arizona DUI & Criminal Defense Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix AZ Free Consultation! Call (480) 413-1499

If you have been arrested; face active Arizona criminal or DUI charges, or have an existing warrant for your arrest in Maricopa County for Arizona DUI, DWI, drunk driving, drug or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. James Novak, experienced Arizona criminal Defense and DUI & Criminal defense Attorney, James Novak will speak with you directory concerning your charges, and provide you with defense options. James Novak is an experienced trial lawyer and former prosecutor.

The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Maricopa County Defense AZ, Scottsdale AZ, Tempe AZ, Phoenix AZ, Chandler AZ, Maricopa County Defense AZ, East Valley, and surrounding cities within the Phoenix metro and Maricopa County Area.

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.

If you “Like” this article please let us know! Feel Free to subscribe and “Share”!

Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 www.Arizonacriminaldefenselawyer.com www.novakazlaw.com www.arizonacriminaldefenseattorneyblog.com www.phoenixduilawyerblog.com

Arizona DUI & Criminal Defense Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix AZ Free Consultation! Call (480) 413-1499