Phoenix Burglary Attorney

Trusted Burglary Lawyer in Phoenix, AZ

If you have been charged with burglary or any other theft crime in Phoenix, you need to take a proactive role in your own defense. It is very important that you make yourself aware of your legal rights in order for you to be sure that your case goes as smoothly as possible. A Phoenix burglary attorney at the Davidson Criminal Defense & DUI Law Firm can provide you with the experienced, aggressive and knowledgeable defense that you need if you have been charged with burglary in Arizona.
Burglary can be charged as a felony offense. If you are convicted, you could suffer the following penalties:

• Jail or prison time
• Fines
• Restitution
• Probation

In addition, there are certain factors that could result in enhanced penalties. For example, if you were carrying a weapon, injured a person during the burglary or if you allegedly stole items/goods/services over a certain dollar amount, you could face extended jail time or even a higher classed felony charge.

FAQs

What Are The Three Degrees Of Burglary In Arizona And How Are They Different

Arizona law recognizes three degrees of burglary under ARS §§ 13-1506, 13-1507, and 13-1508. Third-degree burglary (Class 4 felony) involves unlawfully entering a non-residential structure, fenced commercial or residential yard, or a vehicle using a manipulation key with intent to commit theft or a felony. Second-degree burglary (Class 3 felony) involves unlawfully entering or remaining in a residential structure — such as a home or apartment — with the same intent. First-degree burglary (Class 2 or 3 felony) is the most serious degree and occurs when a person commits second or third-degree burglary while knowingly possessing explosives, a deadly weapon, or a dangerous instrument. Each degree carries significantly different sentencing ranges, which is why understanding exactly what you’ve been charged with is critical to building an effective defense.

What Defenses Can A Phoenix Burglary Attorney Use To Fight My Charges?

Several defenses may apply depending on the facts of your case. One of the most powerful is challenging intent — the prosecution must prove beyond a reasonable doubt that you entered a structure with the intent to commit a theft or felony. If that intent cannot be proven, the charge may not hold. Other common defenses include mistaken identity (you were wrongfully identified as the perpetrator), alibi (evidence placing you elsewhere at the time of the alleged offense), and lack of unlawful entry (for example, you had consent or a lawful reason to be on the property). In some cases, police misconduct — such as an illegal search that produced key evidence — may provide grounds to suppress that evidence entirely. Attorney Joshua Davidson, as a former prosecutor, understands exactly how the Maricopa County Attorney’s Office builds burglary cases and will identify andattack weaknesses in the evidence against you.

Can A Burglary Charge In Arizona Result In Probation Instead Of Prison

It depends on the degree of the charge and your prior criminal history. For third-degree and second-degree burglary, probation may be available — particularly for first-time offenders — though it is never guaranteed. First-degree burglary, which involves the presence of a deadly weapon or dangerous instrument, carries the most severe penalties and mandatory prison time is far more likely. Aggravating factors such as injuring a victim, the value of property taken, or a prior felony record can increase sentencing significantly. Conversely, mitigating factors — including a clean record, demonstrated remorse, or cooperation — can work in your favor. Having an experienced Phoenix burglary attorney negotiate on your behalf before sentencing or during plea discussions can make a substantial difference in the outcome of your case.

What Is The Difference Between Burglary And Robbery In Arizona?

While these terms are often used interchangeably, they are legally distinct crimes with separate charges and penalties. Burglary under Arizona law is defined as unlawfully entering or remaining in a structure or property with the intent to commit a theft or felony — it does not require any direct confrontation with a victim. Robbery, by contrast, involves the use of force or threats against a person to take their property. Simply put, burglary is about unlawful entry with criminal intent; robbery requires a victim and the use of intimidation or violence. This distinction matters significantly because the two crimes carry different sentencing consequences and may require entirely different defense strategies. If you have been charged with either offense — or both — contact the Davidson Criminal Defense & DUI Law Firm to discuss your case immediately.

Meet Our Attorneys

Attorney Joshua S. Davidson

Attorney

Charged with burglary in Phoenix?

Attorney Joshua Davidson is aware that a criminal charge can be very upsetting and disruptive to your way of life. That is why he and his legal team are dedicated to providing you with the excellent legal advice that you expect from a premier defense firm combined with the personal service and attention that you can only receive from a boutique law firm.

With years of experience in all types of criminal defense, Mr. Davidson is fully prepared to investigate every aspect of your burglary case in order to provide you with the defense that you need. It is in your best interests to speak with an experienced attorney because they will be able to enhance your chances of receiving the optimum outcome in your Phoenix case.

Contact Phoenix Burglary Lawyer Joshua S. Davidson online or call (602) 493-3600 today to discuss your theft crime charges.