Burglary Laws in Arizona
Burglary, sometimes referred to as “breaking and entering,” generally involves a person unlawfully entering a property or residential structure of another person without permission. In Arizona, burglary charges are further categorized into three different classifications depending upon the nature of the crime, with burglary in the first degree being the most serious charge. Burglary differs from robbery in that an offender does not have to actually steal or otherwise take anything from the property or structure where they committed the offense.
Burglary in the Third Degree – Definitions and Penalties
Detailed in A.R.S. 13-1506, burglary in the third degree is committed when an individual:
- Enters or remains unlawfully in or on a nonresidential structure with the intent to commit any theft or felony there.
- Enters or remains unlawfully in a fenced commercial or residential yard with the intent to commit any theft or felony there.
- Makes entry into any part of a motor vehicle with 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. First time offenders can be sentenced to up to 3.75 years of incarceration.
Burglary in the Second Degree – Definitions and Penalties
Detailed in A.R.S. 13-1507, burglary in the second degree is committed when an individual enters or remains unlawfully in or on a residential structure with the intent to commit any theft or felony there.
Burglary in the second degree is a class 3 felony. First time offenders can be sentenced to up to 8.75 years of incarceration.
Burglary in the First Degree – Definitions and Penalties
Detailed in A.R.S. 13-1508, burglary in the first degree is committed if an individual, or their accomplice, commits either burglary in the second or third degree and knowingly possesses explosives, a deadly weapon, or a dangerous instrument in the course of committing any theft or felony.
A “deadly weapon” is defined as anything designed for lethal use, including a firearm, while a “dangerous instrument” is defined as anything that is readily capable of causing serious injury or death under the circumstances for which it is being used.
Burglary in the first degree may be charged differently depending on the location of the crime:
- First degree burglary committed in a nonresidential structure or a fenced in commercial or residential yard is a class 3 felony. First time offenders can be sentenced to up to 8.75 years of incarceration.
- First degree burglary committed in a residential structure is a class 2 felony. First time offenders can be sentenced to up to 12.5 years of incarceration.
RIDEOUT LAW GROUP
With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
Our goal is for the best outcome for your criminal case, which can include:
- charges that are reduced or dropped.
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At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.
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