While there may be an element of theft involved in a burglary, Arizona state law does not use the terms interchangeably. Burglary can simply involve unlawful entry of a commercial or residential structure without actually stealing any possessions. Theft, on the other hand, must involve the actual taking of property. Burglary relates specifically to buildings, such as commercial properties or houses (and vehicles in certain cases).
The Law Office of Gonzales & Poirier argue specific legal issues and flaws in the state’s case for a client facing a Class 6 felony and manages to get deferred prosecution.
Our client was accused of theft as a class 6 open felony in Coconino County Superior Court. Matt Porier, Esq., was able to obtain our client a Deferred Prosecution by arguing legal issues and flaws in the State’s case.
What is a deferred prosecution? Deferred prosecution is a legal agreement entered between the State and the Defendant, where the Defendant agrees to complete certain requirements as required by the State, within a certain time frame. Usually, deferred prosecution agreements are tailored to each case. As an example, if you have a drug offense you may have to show proof of completion of substance abuse counseling. Deferred prosecution agreements will also have stipulations that the Defendant stays out of trouble, pay a fine and a term of probation. Once all the agreements are met, the State will dismiss the case against the Defendant with prejudice, meaning they cannot pursue a case against you in the future. If you have any questions about your criminal law case or questions about deferred prosecution, contact the Law Office of Gonzales and Poirier at 928-774-5400 or visit our website.
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