Burglary Sentencing Guidelines: Burglary charges in Arizona are felonies. All felonies in Arizona call for prison terms. Find out what factors area considered by the judge to determine the length of the prison term, if convicted.
“Why Mesa criminal lawyers will advise you to hire an experienced criminal Attorney to defend your burglary charges in Mesa AZ”
Mesa AZ Burglary Charges
Burglary charges are considered to be victim crimes. Any crime against a victim is considered to be a serious offense. If you were arrested on burglary charges in Mesa AZ, you should consult a criminal lawyer who is experienced at defending Mesa burglary charges as soon as possible. There are different levels of burglary charges in Arizona, and all of them are categorized as felonies. Any felony conviction exposes you to potential prison sentencing along with other harsh penalties.
Arizona Burglary Laws Arizona Law describes burglary under A.R.S. Chapter 15 13-1501 “CRIMINAL TRESPASS AND BURGLARY”. The different levels vary depending on the circumstances surrounding the offense. In general the law describes burglary as the act of entering property unlawfully.
Below are some Arizona Burglary Law facts:
• A person can be arrested or convicted of burglary if they “intended” to steal something, even if they did not take anything.
• Burglary to a residential property is more serious, than burglary to commercial property.
• A person or an accomplice must possess “knowledge” that the person committing the burglary is used or possessed a firearm, explosive, or other deadly weapon in order to be convicted of “First Degree Burglary” (the most serious);
• It is not necessary for the building or area to have been locked to be convicted;
• It is not necessary for a person to be in the building during the burglary, in order to be convicted;
• Burglary is often coupled with other criminal charges such as Criminal Trespassing or other charges that often occur simultaneously with a burglary;
• All burglaries are charged as felonies and expose the defendant to prison sentencing.
Arizona Burglary Classifications:
Burglary charges classifications are outlined under A.R.S. Chapter 15 “CRIMINAL TRESPASS AND BURGLARY” 13-1505, 13-1506, 13-1507, and 13-1508. Here are the main classifications of burglary under Arizona Law:
• A.R.S. 13-1505: Possession of Burglary tools; (Class 6 Felony);
• A.R.S. 13-1506: Third Degree Burglary (Class 4 Felony);
• A.RS. 13-1507: Second Degree Burglary (Class 3 Felony);
• A.R.S. 13-1508: First Degree Burglary;
(Class 3 -commercial / Class 2- residential) Burglary classifications range from Class 6 Felonies (least severe) to Class 2 Felonies (most serious). The only classification more serious than Class 2 First Degree Burglary is a Class 1 felony. Class 1 felonies are reserved for the most serious crimes of homicide or the taking of another person’s life.
Arizona Burglary Sentencing Guidelines
Arizona Burglary Sentencing falls under A.R.S. Chapter 7 “SENTENCING AND IMPRISONMENT” 13-701 to 13-706 which applies to burglary sentencing. All Felony Classification have sentencing ranges of minimums to maximums with regard to the length of prison terms. Sentencing Guidelines the court considers when determining the sentencing depends of many factors. Below are some considerations:
1) The presence of mitigating verses aggravating factors;
2) Repeat offense verses first time offense;
3) Criminal record;
4) Existence of violence or harm to victim (s);
5) Extent of harm to victim (s);
6) Involvement or possession of a gun, or other deadly weapon in the burglary;
7) Nature and value of property stolen;
8) Extent of damage to the vehicle, building or other property resulting from the burglary;
9) Other criminal offenses committed with the burglary (such as trespassing, or assault).
Criminal Defense Lawyer for Burglary Mesa AZ
Particularly with serious crimes it is easy to forget that every defendant is innocent until proven guilty. By law the accused has a right to defend their Mesa AZ charges. But keep in mind that it is unwise to try to defend such serious charges without representation by a qualified criminal defense attorney. A conviction for charges as serious as burglary will change your life forever and detriment every aspect of it, beginning with your future and freedom. This is why Mesa criminal lawyers will advise you to hire an experienced criminal attorney to defend your Mesa AZ burglary charges. A good criminal defense lawyer will defend you; protect your rights; assure you will be treated fairly; and fight to get your Mesa AZ burglary charges dropped, or if that is not possible, will alternatively attempt to get charges and sentencing reduced so that they have the least impact as possible on your life.
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If you have been arrested; face active Arizona criminal or DUI charges, or have an existing warrant for your arrest in Maricopa County for Arizona DUI, DWI, drunk driving, drug or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. James Novak, experienced Arizona criminal Defense and DUI & Criminal defense Attorney, James Novak will speak with you directory concerning your charges, and provide you with defense options. James Novak is an experienced trial lawyer and former prosecutor.
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