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LegalKnowledge, Attorney
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My husband just got served with papers for a Class 4 Felony

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My husband just got served with papers for a Class 4 Felony (Burglary in the third degree) and also with a Class 6 Felony (Theft) in Arizona. This was a dispute between neighbors where the neighbors in question sold the house (due to divorce) and we witnessed the wife moving things out. We did not know that she had sold her share of the house to her ex-husband and we had not seen the husband in months. We assumed that the house was being vacated completely and they had left behind some cheap poolside chairs in their backyard and my husband went over there and took them. When the husband came back a month or so later, he noticed the chairs were missing and saw them in our backyard. Long story short, my husband went over there and explained that he thought the house was vacant...blah, blah...and apologized and returned the chairs. The neighbor seemed okay with it but now my husband got this summons and he's worried he could lose his job over this (he's a firefighter in the city). There was always some animosity between the neighbors and everyone else on the block for various reasons but we are really worried. Will my husband get jail time for something so trivial?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern for your husband. Even though the neighbor seemed okay with what happened, he apparently contact the police and filed charges, since they would have had no other way of finding out, or else they would have arrested and charged him at the time. It is important to remember, that even though this was a mistake, he had no legal right to 1) enter the property without permission and 2) remove anything from the property. Even if the home was vacant, it still belong to someone and the property along with it. As such, he has no right to enter and remove the chairs. Based upon the facts which you stated above, there should be no reason that your husband receives and jail time. However, since he is charged with a felony, a probationary sentence may be imposed. Seeing how he is a firefighter and this was an accident, he really needs to retain a criminal defense attorney to represent him or ask to be appointed the public defender. This could have a negative effect on his current employment. The attorney would look over the facts of the case and see if he has any legal defenses and if the case should go to trial. If not, then the attorney can explain the situation to the State and see if they would be willing to amend the charge to a misdemeanor or go so far as dismiss the charge. It is possible to try and challenge the value of the chairs, which is resulting in the felony and see if the value can be placed below $1000, to make this a misdemeanor instead. You said these were cheap poolside chairs but based upon the Class 6 Felony, they were between $1000-$2000, so you would want to see how their value was obtained.

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Hi Russell. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 3 years ago.

No thank you, XXXXX XXXXX decided to talk to a criminal defense attorney. We still can't figure out how he came up with the value of the chairs. Hopefully this attorney can get it straightened out before there is any damage to my husband's career. We appreciate your advice about retaining one and since his career is on the line, we decided to go ahead and spend the money rather than hope for the best. Thanks again.

You are welcome. Please let me know if there is anything else. If not, please remember to rate my help with 3,4 or 5 faces so I can get credit for my answer. Thank you and good luck.