Burglary and theft crimes in Arizona are considered grave offenses. They could lead to severe consequences, including hefty fines or imprisonment. To adequately defend yourself, you should hire a competent criminal defense attorney.

Your lawyer can advise you on theft and burglary laws in Arizona and the potential consequences of each law. They will also help build solid defenses that can counter allegations against you. This guide will help you understand the various defenses you can employ if you face burglary and theft charges. These crimes are punishable by different laws and statutes.

An Overview of Theft Crime in Arizona

Theft, according to Arizona Revised Statutes (ARS) 13-1802, refers to taking or using services or property without the permission of the owner and depriving the owner of such services or property.

Theft can include actions such as:

• Exercising control over property to deny the owner rights over it

• Acquiring property through fraud

• Exercising control over property known to be an outcome of theft

• Accessing a service without paying for it

An Overview of Burglary Crime in Arizona

Burglary means entering or remaining in a property or building to commit a felony or theft. Arizona statutes categorize burglary into three degrees:

1. Third-Degree Burglary (ARS 13-1506): This is when you, without lawful right, break into or remain in a dwelling, a fenced commercial, residential yard or enter a motor vehicle by using a manipulation key with the intent to commit a felony or theft. You could attract class 4 felony charges if you violate this crime.

2. Second-Degree Burglary (ARS 13-1507): This refers to when you break into and enter or remain inside a residential dwelling intending to commit a felony or theft. This contrasts with third-degree burglary, which also involves entering a commercial building and a non-residential yard. You could attract class 3 felony charges if you commit this offense.

3. First-Degree Burglary (ARS 13-1508): This refers to when you or an accomplice enters and commits a third- or second-degree burglary and does so knowingly possessing a deadly weapon, explosive or dangerous material. You possess a burglary tool if you physically hold or have dominion over it. You will attract class 2 felony charges if you commit a second-degree burglary crime while possessing a weapon. You could also face class 3 felony charges if you commit a third-degree burglary crime with a weapon.

The Key Differences Between Burglary and Theft

• The nature of the Crime: Theft is a crime that involves the unauthorized taking or exertion of someone else’s service or property. Burglary refers to breaking in and entering a premise or building intending to commit a felony or theft.

• Presence of Unlawful Entry: Burglary entails breaking into and unlawfully entering the property or a building. While theft does not include unlawful entry, it relates only to the stealing or embezzlement of services or property.

• Intent: To be charged with burglary, you must intend to commit any felony or theft when you break into or enter a premises. While for a theft charge, the emphasis is on your intent to deprive the owner of their service or property.

When You Could Face Both Burglary and Theft Charges Simultaneously

You could face theft and burglary charges when you trespass or enter a building, room, or enclosed place and then take property belonging to someone else within the structure. As an example, if you force entry into a home to commit a robbery, you could attract a second-degree burglary charge under ARS 13-1507 and a theft charge under ARS 13-1802.

Legal Defenses for both Burglary and Theft Charges

Some of the defenses you could employ when you face theft charges, burglary charges, or both at the same time include the following:

Mistaken Identity

Your criminal defense lawyer could argue that yours is a case of mistaken identity. Eyewitness testimonies or circumstantial evidence plays a significant role in establishing fault in a criminal charge. A prosecutor must prove beyond a reasonable doubt that you are the culprit, especially in criminal cases, because a mistaken identification could lead to a wrongful conviction.

Burglary or theft accusations are made if you were found near the crime scene. This is known as circumstantial evidence. An eyewitness may identify you wrongly due to inadequate light, stress, or confusion. Though eyewitness testimonies are considered credible, sometimes they could be tainted by bias or error.

To establish mistaken identity, your lawyer must examine the techniques employed in identifying the culprit. If the police relied on a photo lineup, your attorney should investigate whether the lineup was conducted moderately or whether there were instances of bias. By casting doubt on the lineup’s credibility, your attorney could urge the judge to dismiss or reduce your theft and burglary charges.

Your lawyer could also gather evidence, including surveillance footage, your GPS data, or alibi witness statements, to demonstrate that you were far from the scene when the crime was committed. Fingerprints or DNA samples collected by the forensic team can also support your case that you did not steal or did not enter the premises if they do not match yours.

You Did Not Intend to Commit the Crime

Your intent is critical in establishing whether you are guilty of committing burglary or theft per Arizona Statutes. According to Arizona Revised Statutes 13-1506 through 13-1508, the prosecution must prove beyond a reasonable doubt that you broke into and remained inside a structure or vehicle without permission, intending to commit a felony or theft.

Per ARS 13-1802, the prosecution must prove beyond a reasonable doubt that you had the intent to deprive the rightful owner of their property permanently. If intent cannot be established, the charges against you cannot hold.

For example, you might have trespassed into a particular premise without intending to steal anything. You might have entered the property out of curiosity, to seek shelter, or to retrieve something that belongs to you. In a theft case, you might have taken an item with the impression that it belongs to you or to return it.

Your lawyer can present evidence such as witness testimony, an alibi to vouch for you, CCTV footage, and videos showing your behavior at the scene. If you were not trying to conceal your actions or flee the property, it could be considered a lack of purpose to commit the offense.

If the prosecution cannot prove intent, it could weaken their case, and your charges could be dismissed or lowered. You could be charged with trespassing instead of burglary, which has lower penalties.

You are a Victim of Entrapment

You become a victim of entrapment if the police force you to commit an offense you would not have otherwise committed. Your criminal defense lawyer could employ this defense if a government official or law enforcer coerces or forces you to commit an offense. At the same time, you do not intend to commit the crime.

In a burglary case, entrapment might happen if an undercover police officer influences you to trespass on a property to steal or commit another felony. In theft cases, it could entail a law enforcer coming up with a scenario that forces or tricks you into taking something that belongs to someone else.

To convince the judge, you must present evidence that the police officer initiated the notion of committing the crime and that you did not intend to enter into another person’s property and steal. This could be presented through CCTV footage, text messages, or witness testimony.

This defense can be challenging if you have been convicted of burglary or theft. However, if presented properly, entrapment shifts the blame to the law enforcers, and your charges could be dismissed.

You Committed the Crime Under Duress

You commit a crime under duress when you are forced to steal or burgle to avoid being harmed or killed.

Per ARS 13-412, duress is a legal defense; you must prove that your actions were in an attempt to avoid more significant harm. As an example, if another person forced you to break into a property and steal an item, and you had no intention of doing so, if you did not, they would have killed or physically harmed you; you could employ duress as a defense.

To convince the judge, you must demonstrate that the threat was real, posed no time to turn to anyone for help or run, and could have caused serious physical injury or death. However, duress does not apply if you intentionally placed yourself in a situation you knew you would be coerced, such as joining a criminal group.

Insufficient Evidence

In criminal cases, the prosecution must prove every element of the crime beyond a reasonable doubt for you to be convicted. However, if they provide substantiated evidence for burglary or theft accusations against you, their case could weaken, and your charges could be dismissed.

In theft cases, the prosecution has to show that you intentionally took another person’s property to deprive them of it permanently. If the evidence of your involvement is weak, unreliable, or circumstantial, it could weaken the prosecution’s case. For example, if the surveillance footage was blurry or the witnesses gave inconsistent accounts, the court could consider the evidence inadequate.

For burglary charges, if the prosecution cannot prove that you broke into a property intending to commit a crime, your charges could be dismissed. For example, a forensics report could show results that display fingerprints of people other than you. This could indicate that you were not on the premises when the crime was committed. The judge will just dismiss your case.

If evidence has been tampered with or recorded inaccurately, it cannot be admissible in court. Your lawyer should question the credibility of the evidence presented to create doubt. This could result in a dismissal or an acquittal.

Legal Defense for Burglary Charges

Your lawyer could employ the following defense if you face a burglary charge:

You Had Access or Entry Consent

You could argue that you had the property owner's permission to gain access. Per ARS 13-1506 through ARS 13-1508, you are guilty of committing burglary if your entry is unlawful. However, if the property owner or occupant allowed you to enter, the charges may be dropped.

Consent can be explicit or implied. As an example, if you had been invited to the property for a friendly visit or to provide a service and the owner gave you the keys to the house, then your being on the property is legal. Your criminal defense lawyer could present evidence such as emails, text messages, or testimonies from witnesses who can vouch for you that you had permission to be on the premises.

To convince the judge, you have to prove that you were legally allowed to make entry at the time you entered the premises. This defense holds even if the property owner later regrets having allowed you to enter their premises. However, this is so if you did not go beyond the agreed areas of entry on the premises. If you entered areas you were authorized not to enter, then that is a crime. Also, if you entered the property outside the agreed-upon time, you could face burglary charges.

The burden falls on you and your attorney to prove that the consent was given at the time you made the entry. If successful, you could have your charges dismissed or lowered.

Legal Defense for Theft Charges

Your lawyer could employ the following defense if you face a theft charge:

Claim of ownership

For the claim of ownership defense, you thought the property you were using was yours or had a right to it. In Arizona, theft involves an intent to permanently deprive the rightful owner of their property (ARS 13-1802). This intent is absent if you can show you acted in good faith that the property was yours.

As an example, if you thought you had permission to take something or you actually took something thinking it was yours, then you have negated the criminal intent required for a theft conviction. To be successful, you have to provide credible evidence of your belief.

Find a Criminal Defense attorney Near Me

Although being accused of theft and burglary is no small matter, facing charges does not necessarily mean that you are guilty. You can safeguard your rights and question the credibility of the prosecution's evidence. You can do this by consulting a competent criminal defense lawyer with experience defending defendants accused of burglary and theft crimes in Arizona.

At Phoenix Criminal Attorney, we are ready to assist you in fighting allegations of theft and burglary. Contact us today at 602-551-8092 so that we can review your case.