Arizona Burglary Laws
Burglary is a felony crime in Arizona and conviction may result in severe punishment such as large fines, imprisonment, and other penalties. If you have been charged with burglary, or are currently under investigation for burglary, you need the help of an experienced Arizona criminal defense lawyer. At the Law Offices of Ashley D. Adams, our knowledgeable Arizona burglary defense attorneys will fight to protect your rights. We can work with prosecutors to attempt to have your charges reduced or dropped.What is a Burglary in Arizona?
In Arizona, burglary is defined as the act of entering a building or other property with the intent to steal something or commit another criminal offense. A person can be found guilty of burglary even if the doors are not locked, no one is at home, or nothing is taken from the premises. Merely entering the property with the intent to steal or commit some other crime is sufficient to be charged with burglary. Entering a residential structure is more serious than a commercial building. There are several categories of burglary in Arizona:- Third degree burglary is committed when a person enters or remains unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or felony. It also includes making entry into any part of a motor vehicle with intent to commit a theft or other felony. Third degree burglary is a class 4 felony.
- Second degree burglary is committed when a person enters or remains unlawfully in or on a residential structure with the intent to commit any theft or felony (the difference from third degree burglary is that second degree burglary is committed on a residence). Second degree burglary is a class 3 felony.
- First degree burglary is committed when a person (or an accomplice) commits either second or third degree burglary and knowingly possesses explosives, a deadly weapon, or a dangerous instrument in the course of committing any theft or certain other felonies. First degree burglary is a class 3 felony if committed against a nonresidential structure, or a class 2 felony if the crime is committed against a residence.
- Possession of burglary tools is committed when a person possesses any explosive, tool, instrument, or other article with the intent to use or permit the use of such an item for the commission of a burglary. It is also illegal to buy, sell, or transfer such a tool. Possession of burglary tools is a class 6 felony.
Penalties for Burglary
The consequences of a burglary conviction can result in any of the following:- jail or prison time
- fines
- forfeiture of property
- restitution to the victim
- a permanent criminal record
In most cases, the minimum sentencing begins with one year in state prison if convicted. The time of incarceration increases (up to 25 years or more), depending upon the circumstances surrounding the arrest. Penalties are based on many factors including, but not limited to, the following:
- the nature of the property stolen
- the value of the property stolen
- damage attributed to a forced entry
- whether a weapon was used
- the type of weapon used
- whether the victim or anyone else was injured or killed during the burglary
- repeat offenses
- prior criminal history
