Need a Phoenix Criminal Lawyer? Contact David Michael Cantor if you have been charged with Possession of Burglary Tools.
Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1505 “Possession of Burglary Tools” occurs when the person possesses any explosive, tool, instrument, or other article adapted or commonly used for committing any form of Burglary, and they intend to use or permit the use of such item in the commission of the Burglary. In addition, buying, selling, transferring or possessing or using a motor vehicle manipulation key or master key (unless you are a licensed business) also qualifies as Possession of Burglary Tools. This can be charged when a person simply has a screwdriver in their pocket and they have been caught trespassing onto a residential or commercial yard.
Possible Punishment for Possession of Burglary Tools
Possession of Burglary Tools is a class six (6) felony. For a first offense a class six (6) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of four (4) months to two (2) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.
Possible Defenses for Possession of Burglary Tools
The key defense to Possession of Burglary Tools 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 to be, 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 mere fact that the Defendant has a screw driver, pocket knife, or some other item in his pocket should not be construed as “Possession of Burglary Tools”. Many of these items are common items that have nothing to do with committing crimes (such as using a screw driver to actually insert or remove screws).
The “Common Defenses” for Possession of Burglary Tools, which a Possession of Burglary Tools 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 Possession of Burglary Tools Lawyer to defend you who has knowledge of both the specific defenses and the common defenses involved in a Possession of Burglary Tools case.
Contact DM Cantor and speak to a Phoenix Criminal Lawyer. about your case. We will assist you with your Possession of Burglary Tools case.