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Call Now: 480-775-4800

Burglary in the First Degree

Burglary in the first degree requires proof of the following two things:

  1. A person entered or remained unlawfully in or on a residential structure; and
  2. the person did so with the intent to commit any theft or felony therein, and
  3. the person entered with or possessed therein a firearm or explosive.

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with burglary. The attorneys at Shell & Nermyr have convinced many prosecutors to dismiss countless cases in which our clients were charged with burglary. Even more impressive, the lawyers at Shell & Nermyr have convinced courts across the State of Arizona to dismiss hundreds of burglary cases.

Burglary is one of the easiest cases to get dismissed. Just because the State of Arizona charges a person with does not mean that the person will be convicted of burglary.

If a person is convicted of that person is often facing a prison sentence. That jail sentence ranges from 1-8 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is charged with or even thinks that they may be charged with burglary it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for burglary in the first degree in Arizona is Arizona Revised Statute 13-1508

13-1508. Burglary in the first degree

  1. A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
  2. Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It is a class 2 felony if committed in a residential structure.

Burglary in the Second Degree

Burglary in the second degree requires proof of the following two things:

  1. A person entered or remained unlawfully in or on a residential structure; and
  2. A person did so with the intent to commit any theft or felony therein.

The attorneys at Shell &Nermyr have obtained not guilty verdicts for many people charged with burglary. The attorneys at Shell & Nermyr have convinced many prosecutors to dismiss countless cases in which our clients were charged with burglary. Even more impressive, the lawyers at Shell & Nermyr have convinced courts across the State of Arizona to dismiss hundreds of burglary cases.

Burglary is one of the easiest cases to get dismissed. Just because the State of Arizona charges a person with does not mean that the person will be convicted of burglary.

If a person is convicted of that person is often facing a prison sentence. That jail sentence ranges from 1-8 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is charged with or even thinks that they may be charged with burglary it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for burglary in Arizona is Arizona Revised Statute 13-1507

13-1507. Burglary in the second degree

    1. A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.
    2. Burglary in the second degree is a class 3 felony.

Criminal Trespass in the First Degree

    1. The crime of criminal trespass in the first degree requires proof of any of the following:
    1. The defendant knowingly entered or remained unlawfully in a residential structure or fenced residential yard; or
    2. The defendant entered a residential yard and without authority looked into the residential structure in reckless disregard of infringing on the inhabitant’s right of privacy; or
    3. The defendant knowingly entered real property sub­ject to a valid mineral claim, with the intent to explore for minerals; or
  1. The defendant knowingly entered or remained unlawfully on the property of another and burned, defaced, mutilated, or otherwise desecrated a reli­gious symbol or other religious property of another without the express permission of the owner of the property.

Criminal Trespass

Criminal trespass requires proof of any of the following:

  1. A person knowingly entered or remained unlawfully in a residential structure or fenced residential yard; or
  2. A person entered a residential yard and without authority looked into the residential structure in reckless disregard of infringing on the inhabitant’s right of privacy; or
  3. A person knowingly entered real property sub­ject to a valid mineral claim, with the intent to explore for minerals; or
  4. A person knowingly entered or remained unlawfully on the property of another and burned, defaced, mutilated, or otherwise desecrated a reli­gious symbol or other religious property of another without the express permission of the owner of the property.

The attorneys at Shell &Nermyr have obtained not guilty verdicts for many people charged with criminal trespass. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss many cases in which our clients were charged with criminal trespass.

If a person is convicted of criminal trespass that person is often facing a jail sentence. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is charged with or even thinks that they may be charged with criminal trespass it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for criminal trespass in Arizona is Arizona Revised Statute 13-1504
13-1504. Criminal trespass
A. A person commits criminal trespass in the first degree by knowingly: 1. Entering or remaining unlawfully in or on a residential structure. 2. Entering or remaining unlawfully in a fenced residential yard. 3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant’s right of privacy. 4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease. 5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property. 6. Entering or remaining unlawfully in or on a critical public service facility. B. Criminal trespass in the first degree under subsection A, paragraph 1, 5 or 6 is a class 6 felony. Criminal trespass in the first degree under subsection A, paragraph 2, 3 or 4 is a class 1 misdemeanor.

Possession of Burglary Tools

13-1505. Possession of burglary tools; master key; manipulation key; classification

  1. A person commits possession of burglary tools by:
    1. Possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary as defined in sections 13-1506, 13-1507 and 13-1508 and intending to use or permit the use of such an item in the commission of a burglary.
    2. Buying, selling, transferring, possessing or using a motor vehicle manipulation key or master key.
  2. Subsection A, paragraph 2 of this section does not apply to a person who either:
    1. Uses a master key in the course of the person’s lawful business or occupation, including licensed vehicle dealers and manufacturers, key manufacturers who are engaged in the business of designing, making, altering, duplicating or repairing locks or keys, locksmiths, loan institutions that finance vehicles and law enforcement.
    2. Transfers, possesses or uses no more than one manipulation key, unless the manipulation key is transferred, possessed or used with the intent to commit any theft or felony.
  3. Possession of burglary tools is a class 6 felony.

Robbery

Robbery requires proof of the following four things:

  1. A person took another person’s property; and
  2. The taking was from the other person’s person or immediate presence; and
  3. The taking was against the other person’s will; and
  4. The person threatened or used force against any person with the intent to coerce surrender of the property or to prevent resistance to taking or keeping the property.

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with robbery. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with robbery.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of robbery that person is facing a prison sentence. That prison sentence ranges from 7-21 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with robbery it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for robbery in Arizona is Arizona Revised Statute 13-1902

13-1902. Robbery; classification

  1. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property.
  2. Robbery is a class 4 felony.

Theft of a Credit Card

13-2102. Theft of a credit card or obtaining a credit card by fraudulent means; classification

  1. A person commits theft of a credit card or obtaining a credit card by fraudulent means if the person:
    1. Controls a credit card without the cardholder’s or issuer’s consent through conduct prescribed in section 13-1802 or 13-1804; or
    2. Sells, transfers or conveys a credit card with the intent to defraud; or
    3. With intent to defraud, obtains possession, care, custody or control over a credit card as security for debt.
    4. Theft of a credit card or obtaining a credit card by fraudulent means is a class 5 felony.

Theft By Control With Intent To Deprive

The crime of theft requires proof of the following two things:

  1. The defendant knowingly controlled another per­son’s property; and
  2. The defendant intended to deprive the other person of the property.

13-1802. Theft; classification

  1. A person commits theft if, without lawful authority, the person knowingly:
    1. Controls property of another with the intent to deprive the other person of such property; or
    2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant’s possession for a limited, authorized term or use; or
    3. Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or
    4. Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person’s own or another’s use without reasonable efforts to notify the true owner; or
    5. Controls property of another knowing or having reason to know that the property was stolen; or
    6. Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another’s services to the person’s own or another’s benefit without authority to do so.
  2. A person commits theft if the person knowingly takes control, title, use or management of an incapacitated or vulnerable adult’s assets or property through intimidation or deception, as defined in section 46-456, while acting in a position of trust and confidence and with the intent to deprive the incapacitated or vulnerable adult of the asset or property.
  3. The inferences set forth in section 13-2305 apply to any prosecution under subsection A, paragraph 5 of this section.
  4. At the conclusion of any grand jury proceeding, hearing or trial, the court shall preserve any trade secret that is admitted in evidence or any portion of a transcript that contains information relating to the trade secret pursuant to section 44-405.
  5. Theft of property or services with a value of twenty-five thousand dollars or more is a class 2 felony. Theft of property or services with a value of four thousand dollars or more but less than twenty-five thousand dollars is a class 3 felony. Theft of property or services with a value of three thousand dollars or more but less than four thousand dollars is a class 4 felony, except that theft of any vehicle engine or transmission is a class 4 felony regardless of value. Theft of property or services with a value of two thousand dollars or more but less than three thousand dollars is a class 5 felony. Theft of property or services with a value of one thousand dollars or more but less than two thousand dollars is a class 6 felony. Theft of any property or services valued at less than one thousand dollars is a class 1 misdemeanor, unless the property is taken from the person of another, is a firearm or is a dog taken for the purpose of dog fighting in violation of section 13-2910.01, in which case the theft is a class 6 felony.
  6. A person who is convicted of a violation of subsection A, paragraph 1 or 3 of this section that involved property with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

Trafficking in the Identity of Another Person

13-2010. Trafficking in the identity of another person or entity; classification

  1. A person commits trafficking in the identity of another person or entity if the person knowingly sells, transfers or transmits any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of the other person or entity for any unlawful purpose or to cause loss to the person or entity whether or not the other person or entity actually suffers any economic loss, or allowing another person to obtain or continue employment.
  2. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age.
  3. Trafficking in the identity of another person or entity is a class 2 felony.

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