Burglary & Theft Defense Attorney

Burglary and Theft Lawyer

Sometimes in the heat of the moment, we make bad decisions and do things we’re not proud of. If you have been charged with Burglary or Theft, be sure to understand the difference between the two and the different types of each and what the potential consequences are for the specific charges you’re facing. Obviously every case is different, so a lawyer will need to advise you on the specifics of your case, but you can use the resources below to learn about the different types of Burglary and Theft and see the maximum punishment for each. To discuss the specifics of your Burglary or Theft case, schedule a FREE Consultation today.

Felony or Misdemeanor Burglary and Theft Lawyer

Have you or someone you know been charged with a burglary or theft crime? If so, finding a highly qualified burglary or theft defense attorney, as soon as possible, is important. An experienced attorney like Stuart Cearley can make all the difference and help you protect your rights and fight for the best possible outcomes. In Arkansas, the penalties vary for burglary and theft, and they can be severe. Burglary and theft can be a misdemeanor or a felony, depending on the value of the property taken.

Stuart Cearley Law is an experienced burglary-theft defense lawyer. We can help you understand the charges you are facing and the potential legal consequences. We will build a solid defense plan to ensure that your rights are protected and that you get the best possible outcome in court. With Stuart Cearley Law by your side, you know you we will give our all to your case and you will be well represented against your burglary and theft criminal offense.

What is Burglary as a Criminal Offense?

Burglary is typically defined as the unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft or larceny). No physical breaking and entering required; the offender may simply trespass through an open door. Burglary charges can be categorized from misdemeanor to felony status and could be punishment depending on severity of the charge. Burglary crimes are complex, and felony penalties can be quite stiff.

What is Theft as a Criminal Offense?

“Theft occurs when a person knowingly: takes another person's property with the intent of depriving the owner of the property, exercises unauthorized control over another person's property, obtains or diverts another's services without authorization or payment.” Crimes of theft can be felonies or misdemeanors, and they increase in degree depending on the amount stolen. Misdemeanor convictions can be punished by up to one year in jail. The punishment for felonies is up to 20 years.

Stuart Cearley Law is an experienced burglary and theft defense lawyer. We can help you understand the charges you are facing and the potential legal consequences. We will build a solid defense plan to ensure that your rights are protected and that you get the best possible outcome in court. With Stuart Cearley Law by your side, you know you we will give our all to your case and you will be well represented against your burglary and/or theft criminal offense.

Burglary Lawyer and Theft Attorney in Arkansas

Stuart will provide you with a free consultation so you can decide if he is the lawyer for you. He will carefully listen to your story and determine what the situation entails and inform you of his legal expertise regarding the matter. Jointly, you and Stuart will decide if he is the right lawyer to represent you and handle your case. Contact us today and start protecting your rights now. You’re in trustworthy and capable hands with Cearley Law Group.

Residential and Commercial Burglary

Residential burglary is committed when a person enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing any offense punishable by imprisonment. Residential burglary is considered a Class B felony and is punishable by fine of up to $15,000 and serving 5-20 years in prison.

Commercial burglary is committed when a person remains unlawfully in a commercially occupied structure of another person with the purpose of committing any offense punishable by imprisonment. Commercial burglary is considered a Class C felony and is punishable by fine of up to $10,000 and serving 3-10 years in prison.

Theft of Property

Theft of property is committed when a person knowingly takes unauthorized control over or makes an unauthorized transfer of interest of property belonging to another person with the intending to deprive the owner of the property or obtaining said property by deception or by threat. Theft of property can be classified as a Class B felony, Class C felony, Class D felony, or Class A misdemeanor, with fines ranging from $500 to $10,000 and incarceration time of up to 20 years.

Other types of theft can include, but is not limited to:

• Theft by receiving - committed by receiving, retaining, or disposing of property stolen by another person while you either knew it was stolen or had reason to believe it was stolen.
• Shoplifting - committed by knowingly concealing unpurchased, tangible goods offered for sale by a store or business establishment.
• Theft of leased, rented, or entrusted personal property- committed by taking, destroying, or selling personal property of another person that is leased, rented, or entrusted to that person.
• Theft of services- committed by obtaining a service by deception, threat, or other means to avoid payment for that service.
• Theft of public benefits - committed by obtaining or retaining public benefit from a state agency administering public benefit by means of false identity or failure to disclose material fact being used to determine the person’s qualification.

Don't see an answer to your question? See our frequently asked questions for more.

Theft and Burglary Penalties

Penalties imposed by a judge depend on a variety of factors, including details such as past convictions. Penalties for each offense are increased if a passenger under the age of 16 is present at the time of the conviction. Conviction for the first three offenses is considered a misdemeanor and may be expunged after five years:

• First offense- 24-hour to 1-year jail sentence, with a fine of $150-$1,000 plus court costs, a six-month license suspension beginning one month after the date of the arrest. An ignition interlock restricted license is available at this time (if there was no refusal to submit a blood, breath, or urine sample).
• Second offense- 7-day to 1-year jail sentence, with a fine of $400-$3,000, with a 24-month license suspension. Ignition interlock restricted license is available immediately.
• Third offense- 90-day to 1-year jail sentence, with a fine of $900-$5,000, with a 30-month license suspension. Ignition interlock restricted license may be available after the first 45 days of license suspension.

The fourth and fifth offenses within a 5-year period will be considered a felony, at which there will be a 4-year license revocation, of which no restricted permits will be available at this time and a forfeiture of vehicle will take place if the fourth offense occurs within a 3 year period.