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Burglary Offenses Attorney in Phoenix

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Burglary

If you’ve been charged with burglary in the state of Arizona, you need to contact a criminal defense attorney immediately. Even though burglary is considered a property crime, Arizona takes this type of intrusion on personal property seriously. If you’re in Phoenix, contact the Law Office of Hernandez & Hamilton, P.C., to discuss your burglary case.

How is Burglary in Arizona Defined?

Under Arizona criminal code 13-1506, third-degree burglary is defined as: 

  1. Entering or remaining in a nonresidential structure or in a fenced commercial or residential yard with the intent to commit theft or a felony. 
  2. Making an entry into any part of a motor vehicle by means of a manipulation or master key with the intent to commit theft or a felony in that vehicle.

More serious classifications for burglary still have this element: the act of entering or remaining in a structure, compound, or vehicle with the intent to commit theft or another felony crime. It’s important to note that theft or other felony crime can be charged separately if the defendant actually carries them out in addition to the burglary offense. 

Classification of Burglary Offenses 

Burglaries in Arizona have three classifications or degrees:

Third-Degree Burglary 

As was discussed in the previous section, third-degree burglary is the minimum form of burglary because it involves entering a nonresidential property, an unoccupied vehicle, or a fenced property. It is a class-4 felony crime. 

Second-Degree Burglary

Like burglaries of the third degree, a second-degree burglary involves entering or remaining in a premise with the intent to commit a crime, but in this case, the structure is a residence. This is a class-4 felony. 

First-Degree Burglary 

A first-degree burglary, also known as aggravated burglary, is a third-degree or second-degree burglary where the defendant arms themselves with a weapon. This is a class-3 felony if the premises is a nonresidential property and a class-2 felony if it occurs on a residential property. 

All criminal charges related to a burglary in Arizona are serious crimes. If you’ve been charged with any level of burglary, you need a top-tier criminal defense lawyer to avoid a burglary conviction.  

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Crimes Related to Burglary

Many people who have been charged with a burglary crime in Phoenix read the above-listed statutes and interpret them to mean that they must have committed another felony crime to be charged with burglary. While the police often charge burglary in conjunction with another crime, it is not necessarily required. They must show that the defendant had entered the property or residence with the intent to commit a felony.
With that said, here are some of the common offenses that our criminal defense firm frequently sees charged alongside burglary:

Many of these charges have much more serious consequences than the burglary charge. An experienced criminal defense lawyer should be able to defend you against all of the charges against you, no matter how serious they are. 

Penalties for Burglary Crimes

The following Arizona penalties are for burglary crimes only. Other felonies committed along with the act of burglary have additional penalties.

  • Class 4 Felony – From 1 year to 3.75 years in state prison. 
  • Class 3 Felony – From 2 years to 8.75 years in state prison.
  • Class 2 Felony  – From 3 years to 12.5 years in state prison.

Additionally, you could be forced to pay fines or serve part of your sentence on probation or under house arrest. You will also be a convicted felon, which can affect your right to vote or own a gun. It will also appear on background checks and could prevent you from finding gainful employment.

At Hernandez & Hamilton, a Phoenix criminal defense attorney will evaluate your case and your maximum exposure to prison. We can then build a defense designed to keep you from going to jail. 

Burglary Defense Strategies 

There are several effective strategies that criminal defense lawyers can use to fight a burglary charge. All cases are different, of course, so you will need to discuss the facts of your case with your attorney. 

Coerced Confession

You have the right not to answer police questions about whether or not you committed burglary. In most cases, it’s not in your best interest to talk to the police, but sometimes they will be insistent and even menacing. This is known as coercion, and if it happened, your confession should be inadmissible. 

Illegal Stop

The police must have a valid, legal reason to stop you. They cannot merely say that you appeared to be suspicious without articulating what they believed made you suspicious. A valid reason could be that you matched a witness’s description. In the absence of a valid, articulable reason for a stop, any evidence that they obtained is inadmissible.

Unlawful Search 

Police will often attempt to locate the fruits of the crime to substantiate their burglary charges. However, law enforcement can’t search you, your vehicle, or your home without consent, a search warrant, or a warrant exception. Items found during an illegal search are not admissible. 

Witness Error

Eyewitness testimony is notoriously unreliable. Oftentimes, witnesses will mistakenly make a positive ID during a showup, in a lineup, or in a photo lineup. As time goes by, they become less certain about the positive ID. If the witness admits an error in the identification phase, the prosecutorial case may be in jeopardy. 

How do I establish a good defense strategy in my case?

Your criminal defense lawyer will be charged with finding the best strategy for your burglary case. If you retain Hernandez & Hamilton, our team will review every piece of evidence against you before determining the defense strategy. Contact our defense law firm in Phoenix to discuss the charges against you. 

Phoenix Criminal Defense Lawyers Defending Burglary Charges

For years, the attorneys at the Law Office of Hernandez & Hamilton, P.C. have been fighting for the rights of the accused. If you’ve been charged with burglary in the Phoenix area, you need to take the matter seriously. You could be facing a lengthy term in prison and the loss of various rights.

Our legal team can construct a solid defense strategy on your behalf. Unlike public defenders, we manage our own caseloads, which means that we are not under pressure to accept an undesirable plea deal. If we believe that accepting a negotiated plea is in your best interest, you will have the final say. 
For aggressive, diligent defense for your burglary charges, contact the Law Office of Hernandez & Hamilton, P.C. today. Time is of the essence. 

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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