Get Reliable Legal Counsel from Gilbert Property Crime Defense Attorney
When you have a Property Crimes Attorney from the Law Offices of Brandon White, you can benefit of having an entire Legal Team made up of Former State Prosecutors or Troopers by your side. Our attorneys have experience in a wide range of property crimes ranging from criminal trespass, robbery, arson, and everything in between!
Property Crime Punishment & Penalties in Arizona
In Arizona, if charged with a criminal offense, you will be charged with either a misdemeanor or a felony. Arizona has three classes of misdemeanors and six classes of felonies. Regardless of which class of misdemeanor or felony you are charged with, a criminal charge is a serious matter that should not be taken lightly:
- Class 3 Misdemeanor: a class 3 misdemeanor is the “least” severe classification of a misdemeanor. The maximum penalties for this class of misdemeanors are: 30 days in jail and a $500 fine plus surcharges. If you are convicted of 3rd-degree criminal trespass, this is the class of misdemeanor you will be facing.
- Class 2 Misdemeanor: class 2 misdemeanors are a step up from class 3 misdemeanors in severity. Class two misdemeanors are punishable by up to 4 months in jail, a $750 fine plus surcharges, and 2 years of probation. If you are charged with 2nd-degree criminal trespass or criminal damage, in certain circumstances, this is the type of misdemeanor you are facing.
- Class 1 Misdemeanor: class 1 misdemeanors are the most severe classification of misdemeanors and carry hefty penalties. This class of misdemeanor is punishable of up to 6 months in jail, a $2,500 fine plus surcharges, and 3 years probation. If you are charged with reckless burning, 1st-degree criminal trespass under certain circumstances, criminal damage under certain circumstances, or Arson of a Structure or Property under certain circumstances, this is the type of misdemeanor you are facing. Our Phoenix Arson Defense Attorneys have the know how to help clients in these special types of cases and work to protect their rights.
- Class 6 Felony: class 6 felonies are the least severe type of felony. However, this does not diminish in any way the seriousness of the charge or lifetime consequences of having a felony conviction. A class 6 felony is punishable by up to 2 years in the department of corrections (DOC), 3 years probation, and a $150,000 fine. If you are charged with 1st-degree criminal trespass under certain circumstances, or criminal damage under certain circumstances, this is the class of felony you are facing.
- Class 5 Felony: class 5 felonies carry very serious consequences. Class 5 penalties are punishable for up to 2.5 years in DOC, 3 years probation, and a $150,000 fine. If you are charged with 1st-degree criminal trespass under certain circumstances, Arson of a Structure under certain circumstances, or Criminal Damage under certain circumstances, this is the class of felony you are facing.
- Class 4 Felony: class 4 felonies carry even more severe penalties than that of class 6 and class 5 felonies. A class 4 felony is punishable by up to 3.75 years (45 months) DOC, 4 years probation, and a $150,000 fine. If you are charged with criminal damage under certain circumstances, or Arson of a Structure under certain circumstances, this is the class of felony you are facing.
- Class 3 Felony: class 3 felonies have even more severe penalties. This class of felony is punishable by up to 8.75 years (105 months) DOC, 5 years probation, and a $150,000 fine. If you are charged with 2nd Degree Trafficking Stolen Property this is the type of felony you are facing.
- Class 2 Felony: class 2 felonies are the most serious class of felonies for non-homicide offenses. Class 2 felonies are punishable by up 12.5 years DOC, 7 years probation, and a $150,000 fine. If you are charged with 1st Degree Trafficking Stolen Property or Arson of an Occupied Structure, this is the class of felony you are facing.
The above penalties may not be the only penalties you will are facing for the specific charge. The Judge may also impose restitution, community service, or a no-contact order amongst many other sentence additions. The penalties may be enhanced if you have a prior felony conviction.
The offense may have its penalties enhanced furthered if the State can prove the offense should be classified as a “dangerous offense”. An offense is classified as dangerous if the offense involved the discharge, use or threatening display of a deadly weapon or the intentional knowing infliction of serious physical injury on another. With the above property crimes, it is common to see criminal damage and arson both classified as dangerous offenses.
Defenses to Personal Property Crimes in Arizona
Property crimes have certain defenses that are available. However, based on the facts and circumstances of your case, there may only be certain defenses available. Due to this, it is extremely important you have an experienced attorney who can create the best legal strategy for your case. The possible defenses to property crimes are:
- Duress (A.R.S. §13-412): this defense is available in situations where although the offender committed the act, they did so only because they were forced to act under the threat, or use of, immediate physical force that would seriously injure them, or another person.
- Necessity (A.R.S. §13-417): this defense is available where although the conduct engaged in was criminal, such conduct was done because there was no reasonable alternative that would avoid imminent public, or private, injury.
- Justification (A.R.S. §13-402): this defense is available where although the criminal act was committed, the criminal action was justified when required or authorized by law.
- Renunciation: this defense is available in a situation where the offender withdrew from participating in the criminal act before it occurred and made substantial efforts to prevent the commission of the criminal act.
- Reasonable Belief: the defense is available when the offender “reasonably believed” they had the owner’s permission to use or enter their property.
How Phoenix Property Crime Attorney Can Help?
As you can see, If charged with a property crime in Arizona, a conviction can have grave consequences on your future. A proper legal defense with a skilled and experienced lawyer is required in order to provide you a well-planned and thought-out legal strategy. There may be certain leads the Police did not look into or certain evidence that was not collected that should have. The attorneys at the Law Office of Brandon White will use all legal means at our disposal to achieve the best final result.