There are three types of burglary charges in Arizona. The most common charge is ARS 13-1506. That charge prohibits entering commercial structure or a residential yard with the mental intent of committing a theft or some other felony. This type of charge is a class four felony. Probation is available for most people charged with this crime.
However, almost four years in prison is a maximum penalty. A more serious charge is ARS 13-1507. That charge requires that the person enter a residential structure with the intent to commit a theft or felony once inside. This is known as burglary in the second degree. This crime is a class 3 felony.
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A. 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.
B. 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.
A. 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.
B. Burglary in the second degree is a class 3 felony.
A. A person commits burglary in the third degree by:
1. 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.
2. 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.
B. Burglary in the third degree is a class 4 felony.
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