Phoenix Property Crime Attorneys

Property Crime Laws in Arizona

The laws governing property crimes in the state of Arizona can result in serious penalties, including incarceration, restitution, fines, community service and professional counseling. Property crimes in Arizona range from misdemeanors to major felonies such as residential burglary. The list below contains information on some of the property crime cases that could be defended by our legal team at MayesTelles PLLC.

Get a tough defense from top lawyers at MayesTelles PLLC. We handle a wide range of property crimes, from theft to arson and everything in between. Contact us today at (602) 428-7104 or by filling out an online contact form for a free evaluation.

Criminal Trespass

There are three degrees of criminal trespassing with first degree criminal trespassing being the most severe. ARS 13-1502 describes third degree criminal trespassing as “knowingly entering or remaining unlawfully on any real property” after law enforcement or the property owner has asked you to leave, or if there is a posted notice that notifies people that entry is prohibited. Third degree is a class 3 misdemeanor, second degree is a class 2 misdemeanor, and first degree is either a class 6 felony or class 1 misdemeanor.

Burglary

Like criminal trespassing, there are three degrees of burglary. ARS 13-1506 defines third degree burglary as a class 4 felony that involves entering a private property with the intent of committing a felony (theft or otherwise). ARS 13-1507 defines second degree burglary as a class 3 felony, while ARS 13-1508 defines first degree burglary as a class 2 felony. Felony burglary involves entering a private property accompanied by a dangerous weapon or deadly instrument with the intent of committing a felony.

Arson

Chapter 17 of the Arizona Revised Statutes defines the property crime of arson.

Arson is further broken down into specific offenses such as:

• Reckless burning (A.R.S. §13-1702)
• Arson of a structure or property (A.R.S. §13-1703)
• Arson of an occupied structure (A.R.S. §13-1704)

Property Theft

Theft is one of the most common types of property crime. Some examples include stealing something from inside a private or nonresidential premises, whether on the property (such as a yard) or inside a structure on the property. Chapter 18 of the Arizona Revised Statutes details the various types of theft offenses.

Vandalism / Criminal Damage

Criminal damage (more commonly referred to as “vandalism”) is outlined in ARS 13-1602. Criminal damage is the criminal offense of knowingly and intentionally defacing or damaging someone else’s property. This might include things like graffiti, egging someone’s home, or tampering with someone’s property - such as a car to impair it from functioning.

Why You Should Hire a Phoenix Property Crime Lawyer

Any of the above charges could result in a wrongful conviction without proper legal defense. Unless you hire a skilled defense lawyer, you could end up spending time in jail or prison for a crime you are not guilty of committing.

Here are the common legal defenses to property crimes in Arizona:

• Lack of Intent: Property crimes often require intent to commit the offense, such as the intent to steal or damage. A defense could argue the defendant did not have the required intent, or that the act was an accident or misunderstanding.
• Mistaken Identity: The defense may claim the defendant was misidentified as the perpetrator. This can be supported by an alibi, inconsistencies in witness statements, or lack of forensic evidence linking the defendant to the crime.
• Ownership or Consent: If the defendant had ownership of the property or had permission from the owner to use or take it, they can argue they were justified in their actions. This defense challenges the claim that the defendant unlawfully took or damaged property.
• Entrapment: A defendant may argue that law enforcement induced them to commit the crime. Entrapment occurs when the police coerce or pressure someone into committing an offense they otherwise wouldn't have committed.
• Duress: If the defendant was forced to commit the crime under threat of immediate harm, they may use duress as a defense. For example, if someone threatened violence unless the defendant broke into a property, duress may apply.
• Mistake of Fact: This defense arises when the defendant was mistaken about a fact related to the crime. For instance, the defendant might have taken someone else’s property believing it was their own or thought they had permission to use it.
• Insufficient Evidence: A defendant can argue that the prosecution has not provided enough evidence to prove guilt beyond a reasonable doubt. This defense challenges the strength and reliability of the evidence presented.
• Constitutional Violations: If evidence was obtained through an illegal search or seizure, the defense may argue that it violates the defendant's constitutional rights. Any unlawfully obtained evidence may be excluded, weakening the prosecution's case.
• Self-Defense or Defense of Others: If the defendant damaged property to protect themselves or others from imminent harm, they may argue self-defense or defense of others. This defense justifies the actions as necessary to prevent greater harm.
• Alibi: An alibi defense asserts that the defendant was not present at the crime scene and could not have committed the offense. Evidence, such as witness testimony or surveillance footage, can support this defense.

At MayesTelles PLLC, we will not stand for such injustice and could provide you with the determined and experienced representation that your case needs. Call today to learn more.

Contact MayesTelles 24/7 for the Help You Need

The legal team at MayesTelles PLLC is experienced in the successful representation of clients who have been wrongfully charged with property crimes. If you have been arrested or charged with a crime of any kind in Arizona, don't wait to get in touch with our firm. We are available 24/7 and offer free consultations.

Our firm offers free initial consultations and flexible payment options, so you have nothing to lose by calling (602) 428-7104 for a free case evaluation.