ARS 13-1508: Burglary in the First Degree
The complete text of A.R.S. § 13-1508 on burglary in the first degree, what the State has to prove, and the sentencing range, with a violation charged as a class 2 through 3 felony and exposure reaching up to 12.5 years in prison.
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Penalties for a § 13-1508 Conviction
A.R.S. § 13-1508 is the Arizona statute on burglary in the first degree. A violation is a class 2 through 3 felony, depending on the paragraph charged and what the State can prove. The maximum exposure is 12.5 years in prison.
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 felony | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| Class 3 felony | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 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.
Source: Arizona Revised Statutes § 13-1508, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Our Guides on This Charge
Written by our defense team on how these cases run in Arizona courts.
- Is First-Degree Burglary a Felony in AZ? (13-1508)
- What Are the Charges for a Home Invasion in Arizona? (13-1508)
- What Are the Degrees of Burglary in AZ? (13-1506 to 13-1508)
Related Statutes in Chapter 15 — Criminal Trespass And Burglary
- A.R.S. § 13-1507 — Burglary in the second degree
- A.R.S. § 13-1509 — Willful failure to complete or carry an alien registration document
- A.R.S. § 13-1506 — Burglary in the third degree
- A.R.S. § 13-1505 — Possession of burglary tools
- A.R.S. § 13-1504 — Criminal trespass in the first degree
- A.R.S. § 13-1503 — Criminal trespass in the second degree
- A.R.S. § 13-1502 — Criminal trespass in the third degree
How Tamou Law Group Defends § 13-1508 Cases
A § 13-1508 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 2 through 3 felony and something far less serious, and it is where these cases are won.
We handle burglary in the first degree cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Frequently Asked Questions
What is A.R.S. § 13-1508?
A.R.S. § 13-1508 is the Arizona statute on burglary in the first degree. A violation is a class 2 through 3 felony, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-1508 a felony in Arizona?
Yes. Under the statute a violation is a class 2 through 3 felony, so the exposure reaches up to 12.5 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 2 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 2 felony at 3 years to 12.5 years, with a presumptive term of 5 years. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
Where can I read the official text of § 13-1508?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.