The Difference Between Theft and Burglary in Arizona
For some reason, a lot of people assume that theft and burglary is the same thing. Thankfully, Arizona criminal defense lawyers know this isn’t true. Theft and burglary are actually totally different crimes. There are a lot of cases where the defendant is charged with both crimes. That is because a lot of burglaries are committed so that the perpetrator can steal something. However, not all burglaries are like this. Someone can commit a burglary without stealing a penny.
The major difference between the two is quite simple. A burglary is when someone breaks into someone else’s house with the intention to commit a crime. This could be any crime. Usually, it is theft. However, if a person breaks into another person’s house so they can beat somebody up, it is still a burglary. Theft is when someone steals something from another person. The good news is that your Arizona criminal defense lawyer knows the law and understands the differences between these two crimes. If you’re charged with either of these offenses, you should call and talk to a lawyer as soon as possible.
Both Crimes Typically Involve Stealing the Property of Another Person
Burglary is defined as when a person enters a structure that belongs to somebody else. In order to be charged with this crime, the defendant must have entered the home without permission. They also must have entered the property with the intention of committing a crime. The sort of crime they intend to commit can be varied. Most burglary cases involve some sort of theft. This is why most people confuse burglary with theft.
The reason we say that both crimes involve stealing someone else’s property is because its true. Most of the time, the only reason somebody breaks into someone else’s house so that they can steal something. And theft, by definition, is when someone takes property that belongs to somebody else. They intend to deprive the owner of his use and possession of the property. This deprivation of use and possession must be permanent.
Burglary Requires that You Actually Enter the Property of the Victim
It’s not enough that you enter someone else’s property. You have to go in with the intent of committing a crime. It’s important that the prosecutor be able to prove that you didn’t have permission to be in the structure.
For example, if you were housesitting, you would have had permission to enter the home. And you were probably going inside to feed their dogs – not to commit a crime. You just wanted to feed their dogs. In order to avoid conviction, your Arizona criminal defense lawyer would have to prove one of the following:
- You never entered the structure
- You had no intention of committing a crime when you went in the structure
- You had permission to go into the home
- If they can show any of the above, there’s a good chance your charges will be reduced or dismissed.
- Call and Talk to a Seasoned Arizona Criminal Defense Lawyer Sooner Rather than Later
If you or your spouse have been charged with theft or burglary in Arizona, you need help. You could be facing heavy fines and jail time. If convicted, these crimes will be on your criminal record forever. This can hurt your chances of getting certain jobs. It can also prevent you from getting into certain professional programs. This is why it’s so important that you have a skilled Arizona criminal defense lawyer by your side.