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Burglary Lawyer Tucson

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Burglary

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.

520-882-8823

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Client Testimonials

Clay Hernandez and Josh Hamilton are some of the most competent Lawyers I have ever had the pleasure of working with. They are dedicated, hard working and honest! They are some of the top Lawyers in the legal community and you couldn't have a better legal team on your side!

Lacee

To say that Josh Hamilton saved my life would be an understatement. Facing an incredibly ugly situation, I shopped around for an attorney for a while until I came across Mr. Hamilton. From day one I knew I had found the representation I needed. Josh fought tooth and nail for me and got me the best outcome, considering the dire straits I was in. His staff is incredibly helpful and friendly and Josh's ability and knowledge of the law is second to none. I could not see myself facing a hell like this again with anyone else at my side. A simple "thank you" will never be enough for all that Josh and the staff of Hernandez and Hamilton did for me.

Ox Inator

If you need a criminal defense lawyer then Josh Hamilton is definitely your guy!! Not only is he beyond brilliant.. and amazing at what he does! But he is a very caring and compassionate person. I highly recommend him!! He worked very hard on my case and got it dropped!!

Racquel Vera

The absolute 100% best. I cannot stress how much I appreciate and how grateful i am for Josh and Carol. They took up my brothers case in 2018 and never left him since. Their work is excellent and speaks volume. The complexity of the case will have anybody fearful and doubtful but not them. Right from the start they maintained a positive vibe and their professionalism is exceptional. I am so happy i found them back when me and my sister in law were googling appellate lawyers. If i could hug them now i would. My brother was released two days ago and even though the case is not done i am pretty sure the end results will be a good one. God appointed the right lawyers and they are not in it for the money they truly are genuine in fighting for victory and they know what happened to my brothers were not right and they fought tooth and nail and for that i just want to say thank you from the bottom of my heart. Grateful forever and ever!

King Black

I had a potential federal case come before me in my work environment. I called and they were so willing to work with me on getting into an in person consultation even though I was 2 hours away. We spoke on the phone, and then had a meeting I specifically spoke with Clay. He was knowledgeable and had a defense prepared before I even left the consultation. With everything still being in process, all I can tell you, based on my experience with him, he will fight until the end and he won't give up!

Cynthia Bass

Hernandez & Hamilton are top-notch attorneys. In hindsight I would NOT have considered hiring any other attorney to take care of my legal matters. Hernandez even traveled out of state to represent me over 2000 miles away, in Ohio, IN THE WINTER. :) Thank you for all you have done for me and my family!!!

Kari Turner

The best thing about this law office is their dedication. Josh never stopped working for us, never stopped believing that there would be a great outcome and even when it looked like all hope was lost, he kept working until we got the outcome we were looking for. I would recommend this office to anyone looking for an attorney. If they believe they can help, they will!!

Sarah Tecco

I contacted Mr. Hamilton regarding a case involving my brother. From the moment we spoke on the phone, he made feel like we were in the right hands. We discussed the case, went over the pro´s and con´s reaching a desicion to move fwd with the case. Mr. Hamilton is extremely well prepared and very knowledgagle. My brother got a very long punishment that was not justified and because of his commitment to the case and his great team effort, they got my brother a reduced sentence to time served. Now, thanks to Mr. Hamilton and his team, my brother is able to reunite with his three kids and his brothers. We are for ever thankful for your hard work and commitment. Thank you for believing in whats right! Blessings from our entire family.

Eghector

Josh Hamilton is top-notch: knowledgeable, accessible, hard-working and honest. No better lawyer in town.

Jeff Welter

I highly recommend Josh Hamilton to resolve your legal issues.The staff at Hernandez and Hamilton were very professional and friendly.Thank you Josh,Julie, Roni, and Olivia for everything that you all did for us. Have a wonderful holiday season and a prosperous new year..

Gillbert Encinas

I have owned a private investigation company in Arizona for a quarter century and worked with both of these lawyers for many years. These attorneys are honest, extremely competent, and truly care about their clients. Both are exceptional advocates.

Randy Downer

Josh is one of the best lawyers out there. He has helped me in multiple situations and has gotten me off every time. He’s professional about everything and I highly recommend him.

Timothy Marshall

I needed the best attorney in town and Josh did not let me down. If you want an aggressive pro-active team representing you, this is the outfit to go with. Best in class.

Organic BTI

I hired Hernandez & Hamilton to take care of a friend who had a bit of a tough situation. They took care of him easily and kept the cops honest. Very happy.

Danton Foster

Best lawyer in town. Josh and everyone else working with him at his law office go beyond to help you every step of the way. I would highly recommend for your criminal defense attorney.

Martin Lopez

Fantastic work by Josh and his team, they are very professional. Thank you for your help in our case. You and your team managed to get my brother released on the spot and cleared of all charges.

Eftimi Etzoglou

If you want the best of the best? Look no further because Clay and Josh are definitely it. HANDS DOWN.

Amanda Wade-Mcmickle

I can't thank Josh Hamilton enough and his team for what they did for our family to give us peace knowing that we got the best law firm the best lawyer and the out come was amazing thank you for all your knowledge your hard work your dedication once again thank you Josh and your team.

Alley Prudhomme

Excellent firm with outstanding attorneys and staff. They work extremely hard and get amazing results for their clients.

Adam dippel

This legal team is at the top of their game when it comes to representation and dedication. Truly a 5 Star law firm from beginning to end.

Mary Domoto-Hill

Mr. Hamilton is an absolute beast and he handled my problem like a Sunday drive. Absolutely the best attorney anywhere.period. thank you again Mr. Hamilton. Five stars across the board.

James Stewart