If you or a loved one have been arrested for burglary in Arizona, our experienced and dedicated staff of burglary defense attorneys is here to assist you. Here at Alcock and Associates, we offer free consultations and also affordable fees and payments.
In the state of Arizona burglary charges can be categorized into two types. One of the most common charges is known as ARS 13-1506. That charge is one that prohibits individuals from entering commercial structure or a residential yard with the mental intent of committing a theft or some other type of felony. This type of charge is a class four felony. Probation is available for most people charged with this type of crime.
What Circumstances Make Burglaries More Serious?
There are several circumstances which make the crime of burglary more serious. Below we have provided some questions that are taken into account in order to determine how serious the crime is:
Was a weapon used?
Was the defendant with an accomplice?
Was anyone injured, hurt, or threatened?
Does the defendant have prior felony convictions?
Burglary in the state of Arizona is a type of trespassing case in which the intent of the trespasser of the defendant in question, is to commit a theft or a felony. Also keep in mind that the crime does not have to actually require the commission of a theft or felony.
As a result of this, the statements that the defendant has, or may make, are very important. Also, if there was a dangerous weapon involved or used in the burglary case in question, then this is where charges can get very serious. Although, there are various possible defenses that a good criminal defense attorney can use in order to successfully represent the case.
The police must establish what was going on in the mind of the intruder. Because of this, burglary is the type of offense that an experienced criminal defense attorney can attack, assuming that there is a lack of evidence as to the reason why a person was found on a property.
Burglary ARS 13-1508 in the first degree in Arizona
A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It is a class 2 felony if committed in a residential structure.
Burglary in the second degree in Arizona
A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.
Burglary in the second degree is a class 3 felony.
Burglary in the third degree in Arizona
A person commits burglary in the third degree by:
Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.
Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.
Burglary in the third degree is a class 4 felony.
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