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Burglary

Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1506, §13-1507 and §13-1508, “Burglary” (also known as “breaking and entering”) occurs when a person enters or unlawfully remains on a property with the intent to commit any type of Theft or felony therein. Burglary in the “First Degree” occurs when a person possesses a deadly weapon or dangerous instrument (or an explosive) during the Burglary. Burglary in the “Second Degree” occurs when a person has merely entered a residential structure without a deadly weapon. Burglary in the “Third Degree” occurs when a person has entered a fenced commercial or residential yard, or has made entry into a motor vehicle by means of manipulation of the key or master key.

Need a Phoenix Defense Attorney? Contact David Michael Cantor if you have been charged with Burglary.

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Possible Punishment for Burglary / Breaking and Entering

For “First Degree Burglary”, if it occurred in a residential structure, it can be charged as a class two (2) felony. For a first offense class two (2) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is ten and one half (10.5) to thirty-five (35) years of incarceration.

For “First Degree Burglary” which occurred in a non-residential structure or a fenced commercial or residential yard, then this can be charged as a class three (3) felony. For a first offense class three (3) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison range of two (2) years to eight and three quarters (8.75) years in prison. If the person has one (1) allegeable historical prior conviction then the “prison only” range is three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is seven and one half (7.5) years to twenty-five (25) years of incarceration.

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For “Second Degree Burglary,” the case can be charged as a class three (3) felony. For a first offense class three (3) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison range of two (2) years to eight and three quarters (8.75) years in prison. If the person has one (1) allegeable historical prior conviction then the “prison only” range is three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is seven and one half (7.5) years to twenty-five (25) years of incarceration.

For “Third Degree Burglary,” the case can be charged as a class four (4) felony. For a first offense class four (4) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of one (1) year to three and three quarters (3.75) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is two and one quarter (2.25) years to seven and one half (7.5) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is six (6) years to fifteen (15) years of incarceration.

Possible Defenses for Burglary / Breaking and Entering

The most often seen defense to Burglary is “Lack of Intent”. This defense is accomplished by demonstrating that although a person may have been in a place where they did not have permission, they were not there with the intent to commit a felony. This shifts the serious charge of Burglary down to the less serious charge of Trespass. Another defense is demonstrating “Mistake of Fact”. This sometimes occurs when a person has been drinking, or they are unfamiliar with an area, and they accidentally walk into the wrong apartment or household. Another defense is demonstrating that the Defendant was merely on another person’s property in order to seek permission to use the telephone or garner some other type of assistance, but the owner of the property called the police before the Defendant had a chance to explain himself. It is important to interview all witnesses involved and produce documentation of the Defendant’s good character in order to demonstrate that the case does not warrant being charged as a Burglary.

The “Common Defenses” for Burglary, which a Burglary Lawyer may apply in any criminal case are numerous and diverse. One of most common defenses we encounter is a “Miranda rights Violation”. In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “Voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, “Denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their Attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis/”cloning hard drive” procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Burglary Lawyer to defend you who has knowledge of both the specific defenses and the common defenses involved in a Burglary case.  Be sure you review our Burglary case wins.

If you have not been charged with
Burglary / Breaking and Entering yet, but are in the
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It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Phoenix Defense Attorney and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Phoenix Defense Attorneys know the system well. For a Free Initial Consultation, call us at 602-307-0808.

Contact The Law Offices of David Michael Cantor and speak to a Phoenix Defense Attorney. We will assist you with your Burglary / Breaking and Entering case.

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