BURGLARY

What you need to know about Burglary in Arizona

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.

What Makes Burglary More Serious?

  • Was a weapon used?
  • Was the defendant with an accomplice?
  • Was anyone hurt or threatened?
  • Does the defendant have prior felony convictions?
Burglary in Arizona is a trespassing case where the intent of the trespasser is to commit a theft or a felony. Note that the crime does not actually require the commission of a theft or felony. As a result, the statements made by the defendant are very important.  Also, burglary charges can get very serious if a dangerous weapon is used.  There are many possible defenses to burglary that a good criminal defense attorney can use.  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.

Our firm has a long history of winning cases.

.  If you would like to speak with a criminal attorney about a theft case in Arizona, please do not hesitate to call us at 602-989-5000 for a free consultation.

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Burglary in the first degree in Arizona

13-1508.

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.

Burglary in the second degree in Arizona

13-1507.

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.

 

Burglary in the third degree in Arizona

13-1506.

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.

 

 

Our Criminal Defense Attorneys are available to answer any questions you have. Please call 602-989-5000

 

 

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