Burglary Attorney in Northwest Arkansas

Accused of Burglary in Northwest Arkansas? Get Legal Help Now

At Norwood & Norwood, P.A., we understand that facing burglary charges in Northwest Arkansas can be overwhelming. With over 35,000 criminal cases managed and a significant number of successful outcomes, we have the experience to provide a robust defense tailored to your unique situation.

Speak with a trusted burglary attorney in Northwest Arkansas today. Call (479) 235-4600 now or contact us online to schedule your free legal consultation.

Understanding Burglary Charges in Arkansas (A.C.A. § 5-39-201)

Arkansas law meticulously defines burglary, distinguishing between different types of structures and the presence of individuals, which significantly impacts the severity of the charge. It's crucial to understand that burglary is distinct from "breaking and entering" in common parlance, as the Arkansas statute uses specific terminology. The core element of burglary in Arkansas is the unlawful entry or remaining in a structure with the intent to commit any offense punishable by imprisonment inside.

The primary forms of burglary under A.C.A. § 5-39-201 are:

• Residential Burglary (A.C.A. § 5-39-201(a)(1)) - Class B Felony: A person commits residential burglary if they enter or remain unlawfully in a residential occupiable structure of another person with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment.
• Commercial Burglary (A.C.A. § 5-39-201(b)(1)) - Class C Felony: A person commits commercial burglary if they enter or remain unlawfully in a commercial occupiable structure of another person with the purpose of committing in the commercial occupiable structure any offense punishable by imprisonment.
• Aggravated Residential Burglary (A.C.A. § 5-39-204) - Class A or Class Y Felony: This is the most severe form of burglary in Arkansas, often occurring when there is a heightened risk to human life. A person commits aggravated residential burglary if they commit residential burglary and either the residential occupiable structure is occupied by another person (other than an accomplice); the person is armed with a deadly weapon; or the person causes or attempts to cause death or serious physical injury to another person.

Penalties for Burglary Convictions in Arkansas

Arkansas imposes severe penalties for burglary convictions, with prison sentences and fines escalating significantly based on the degree of the felony and any aggravating factors.

• Residential Burglary (Class B Felony):
  • Prison: 5 to 20 years in state prison.
  • Fines: Up to $15,000.
• Commercial Burglary (Class C Felony):
  • Prison: 3 to 10 years in state prison.
  • Fines: Up to $10,000.
  • Enhanced Sentence for Pharmacies: If the commercial occupiable structure is a pharmacy, an additional consecutive term of imprisonment of 5 years can be added.
• Aggravated Residential Burglary (Class A Felony):
  • Prison: 6 to 30 years in state prison.
  • Fines: Up to $15,000.
• Aggravated Residential Burglary (Class Y Felony): This is the most severe felony classification in Arkansas.
  • Prison: 10 to 40 years or life imprisonment in state prison.
  • Fines: Up to $15,000.

Aggravating Factors and Enhancements:

• Occupied Structure: The presence of another person (other than an accomplice) in a residential structure is an aggravating factor that elevates the charge to Aggravated Residential Burglary (Class A or Y felony).
• Use of a Deadly Weapon: Being armed with a deadly weapon significantly increases the severity to Aggravated Residential Burglary (Class A or Y felony).
• Serious Physical Injury/Death: Causing or attempting to cause death or serious physical injury to another person elevates the charge to Aggravated Residential Burglary (Class A or Y felony).
• Prior Convictions: Arkansas's habitual offender laws (A.C.A. § 5-4-501) can dramatically increase sentences for repeat felony offenders, potentially leading to much longer or even life sentences.

A felony burglary conviction in Arkansas creates a permanent criminal record, severely impacting employment, professional licenses, housing, and educational opportunities. Beyond these, it leads to the loss of civil rights (like voting and firearm possession), a profound social stigma, travel restrictions, and potential negative impacts on child custody and family law matters.

The complexity and severity of these potential outcomes underscore why the immediate and aggressive intervention of a skilled burglary attorney in Northwest Arkansas is crucial.

Comprehensive Burglary Defense Strategies in Arkansas

Successfully defending against burglary charges in Arkansas involves challenging specific elements of the crime and scrutinizing the prosecution's evidence.

• Challenging the Element of "Unlawful Entry or Remaining":
  • Permission/Consent: Argue you had express or implied permission to be on the property.
  • Lawful Entry, Later Intent: Contend that any criminal intent was formed after a lawful entry, not at the time of entry.
  • No Actual Entry: If you did not physically enter the structure, argue the charge might apply to a different offense, not burglary.
• Disputing the "Purpose to Commit a Criminal Offense":
  • Lack of Prior Intent: Argue that criminal intent was not present at the time of entry or only formed afterward.
  • Alternative Intent: Present evidence that you entered for a non-criminal purpose (e.g., seeking shelter, misunderstanding).
  • Intoxication: In limited circumstances, argue severe intoxication negated specific intent.

Further defense strategies focus on challenging evidence, constitutional rights, and exploring alternative outcomes.

Our Approach to Criminal Defense

At Norwood & Norwood, P.A., we leverage our deep roots in the local legal system, having built strong relationships with prosecutors and judges in the area. Our team of former prosecutors brings over 100 years of combined legal knowledge to develop a criminal defense strategy that addresses your case’s specific needs. 

We focus on thorough preparation, leaving no stone unturned in crafting a defense plan that is both aggressive and strategic. Early intervention in a case can have substantial effects; hence, we advocate for engaging legal support at the earliest possible stage.

Our comprehensive approach also includes preparing clients for each step in the judicial process. We make it a priority to explain every aspect of the case proceedings, court expectations, and potential outcomes, fostering a better understanding and aiding in informed decision-making. Furthermore, we regularly update our clients on developments, ensuring transparency and maintaining trust throughout the legal process.

Why Choose Us for Burglary Defense?

• Proven Track Record: Over 25,000 charge dismissals or not guilty verdicts, reinforcing our commitment to successful outcomes.
• Local Expertise: Familiarity with the nuances of Northwest Arkansas’s legal landscape enhances our ability to defend effectively.
• Distinguished Recognition: Known for excellence, with acknowledgments like the Super Lawyers list and the AV Preeminent® Rating from Martindale-Hubbell®.
• Accessible Legal Support: Affordable services with flexible payment plans ensure everyone can access the defense they deserve.

Contact Us Today for Support & Guidance

Don’t face burglary charges alone. Let Norwood & Norwood, P.A., provide the aggressive defense you need in Northwest Arkansas courts. With our proven track record and commitment to client satisfaction, we stand ready to protect your rights and future.

Schedule your free consultation today by calling us at (479) 235-4600 and take the first step toward resolving your situation with support from an experienced burglary attorney in Northwest Arkansas.

Common Questions About Burglary Charges

How Can Norwood & Norwood, P.A. Help Defend My Case?

We analyze every detail of the prosecution’s case to find weaknesses, from illegal searches to insufficient evidence. Our team builds strong defenses using investigative tools, legal challenges, and customized strategies to protect your rights. We also draw on forensic and digital resources when necessary to strengthen your position.

What Should I Do If I Am Arrested for Burglary?

Stay calm and do not speak to police without a lawyer. Contact Norwood & Norwood, P.A. right away for a free consultation. Early legal guidance is key to protecting your rights and building a defense. We’ll review your case and explain your options clearly from the start.

What Makes Norwood & Norwood, P.A. Stand Out?

Our firm brings decades of courtroom experience, local knowledge, and former prosecutors on our team. We know how the other side works and use that insight to your advantage. We also offer affordable payment plans so clients can access strong legal defense without financial stress.

Can I Afford a Burglary Defense Lawyer?

Yes. We offer low down payments and flexible payment plans to make legal help accessible. We believe everyone deserves quality defense, regardless of income level.

Is It Possible to Get a Burglary Charge Dismissed or Reduced?

Yes, depending on the evidence and circumstances. If there were no witnesses, unclear intent, or procedural errors, the charges might be dropped or reduced. We assess all possible outcomes and negotiate aggressively when appropriate.

Does Burglary Require Forced Entry?

Not always. In Arkansas, burglary can include entering or remaining unlawfully in a building with the intent to commit a crime, even if there’s no visible break-in. Proving intent is often a key part of the prosecution’s case—and where we focus much of our defense strategy.

What’s the Difference Between Burglary and Theft?

Burglary involves unlawfully entering a structure with criminal intent, while theft involves taking property without consent. You can be charged with burglary even if nothing was stolen, which makes intent and presence crucial elements of defense.