Burglary charges in Tucson, AZ, are met with severe consequences, potentially leading to lengthy prison sentences, hefty fines, criminal records, and loss of reputation. If you are facing such charges, a criminal defense attorney in Tucson at the Law Office of Hernandez & Hamilton, PC is ready to defend you.
With over 90 years of collective criminal defense experience, our seasoned team has successfully represented clients in state and federal courts. We will provide you with an aggressive defense, exploring every legal avenue to protect your freedom.
What Is a Burglary Under Arizona Law?
In Arizona, burglary is defined in A.R.S. § 13-1506 through § 13-1508. It occurs when a person unlawfully enters or remains in a residential, commercial, or fenced property with the intent to commit theft or another felony inside. Arizona law recognizes different degrees of burglary based on the nature of the offense and whether a weapon was involved.
Degrees of Burglary Charges in Arizona
- Third-Degree Burglary (A.R.S. § 13-1506): Involves unlawfully entering or remaining in a non-residential structure, commercial property, or fenced area with the intent to commit theft or a felony. This is a Class 4 felony.
- Second-Degree Burglary (A.R.S. § 13-1507): Involves unlawfully entering or remaining in a residential yard or structure with the intent to commit theft or a felony. This is a Class 3 felony.
- First-Degree Burglary (A.R.S. § 13-1508): Involves committing a burglary (either second or third-degree) while knowingly possessing a deadly weapon or dangerous instrument. First-degree burglary of a residential structure is a Class 2 felony, while burglary of a non-residential structure or fenced area is a Class 3 felony.
Penalties and Consequences
The penalties for burglary in Arizona vary depending on the degree of the crime and other aggravating factors, such as the use of a weapon. Convictions can result in:
- Class 4 felony: Up to 3.75 years in prison
- Class 3 felony: Up to 8.75 years in prison
- Class 2 felony: Up to 12.5 years in prison
- Burglary Tool Possession: Classified as a Class 6 felony under A.R.S. 13-1505, this involves the “possession of burglary tools” and can lead to additional penalties, including imprisonment for up to two years
In addition to prison time, individuals convicted of burglary may face significant fines, probation, mandatory restitution to victims, and the long-term impact of having a felony on their criminal record, which can affect employment and housing opportunities.
Steps Our Tucson Burglary Lawyers Take to Defend You in a Burglary Case
Initial Consultation and Case Review
Our experienced Tucson burglary attorneys begin by thoroughly reviewing the details of your case, including police reports, witness statements, and any evidence collected. We will listen to your side of the story and identify any procedural issues or rights violations.
Investigating the Evidence
We will conduct an independent investigation to gather additional evidence, locate witnesses, and assess any surveillance footage or forensic evidence. Our team will scrutinize the prosecution’s evidence to identify weaknesses.
Filing Pre-Trial Motions
As part of the legal process in burglary cases, our Tucson criminal defense attorney may file motions to suppress evidence obtained unlawfully, dismiss charges due to insufficient evidence, or challenge the legality of the arrest or search procedures.
Negotiating with Prosecutors
Depending on the specifics of your case, our Tucson defense lawyers will negotiate with prosecutors to seek a reduction or dismissal of charges, aiming for the best possible outcome, including plea agreements if appropriate.
Building a Defense Strategy
We will develop a solid defense strategy based on the circumstances of your case, whether that involves taking the case to trial or securing a favorable resolution out of court.
Aggressive Representation at Trial
If the case proceeds to trial, our seasoned attorneys will present a strong defense, cross-examine witnesses, challenge evidence, and ensure your rights are protected throughout the process.
Potential Defenses Our Tucson Burglary Lawyers Will Use
- Lack of Intent: Arizona burglary laws require proof that the accused intended to commit theft or another felony upon entering the premises. The charges may be dismissed or reduced if intent cannot be proven.
- Mistaken Identity: Our criminal defense lawyers may argue that you were wrongly identified as the perpetrator, presenting evidence such as alibi witnesses, surveillance footage, or other supporting documentation to show you were not at the scene of the crime.
- Unlawful Search and Seizure: If law enforcement violated your Fourth Amendment rights by conducting an illegal search or seizure, we can move to suppress any evidence obtained as a result, potentially weakening the prosecution’s case.
- Lack of Evidence: In some cases, the prosecution may not have sufficient evidence to prove guilt beyond a reasonable doubt. We will challenge weak or circumstantial evidence that does not definitively establish your involvement in the burglary and fight to get the criminal charges dropped.
- Consent: If you had permission to enter the property in question, the criminal offense of burglary charges may not stand, as the entry was not unlawful. We will present evidence, such as communication or testimony, to prove you had authorized access.
- Coerced Confession: If law enforcement obtained a confession of a felony crime through coercion, intimidation, or without reading your Miranda rights, we will seek to have the confession thrown out and excluded from the trial.
Why Choose Our Experienced Tucson Burglary Attorney?
Proven Record of Success
Our seasoned team has fought—and won—in every area of Arizona’s criminal justice system. Whether you are facing felony charges for drug crimes, DUI, or even homicide, we have the experience and determination to defend you. We represent clients throughout Arizona and across the country, both in state and federal courts, ensuring that no matter where you are, your defense is in capable hands.
Extensive Experience
With over 90 years of combined criminal defense experience, our attorneys have the knowledge and expertise to handle the most complex legal challenges. We’ve successfully navigated Arizona’s criminal justice system and defended clients in courts across 20 states, giving us the versatility and depth of experience necessary to tackle any case.
Ratings and Recognition
Our firm is highly regarded by the legal community, receiving prestigious recognitions such as:
- Martindale-Hubbell’s AV Preeminent Lawyers (Peer Rated for the Highest Level of Professional Excellence)
- Super Lawyers®
- Top 100 Trial Lawyers by the National Trial Lawyers
- Best Lawyers®
Relentless Defense
At the Law Office of Hernandez & Hamilton, PC, your fight is our fight. We won’t rest until we have explored every available avenue to defend your freedom. Our attorneys are fully committed to exploring all legal strategies, challenging the prosecution’s evidence, and working tirelessly to secure the best possible outcome for your case.To schedule your free consultation, call us 24/7 at 520-882-8823 or contact us online.