Burglary Charges in Arizona

At Tamou Law Group PLLC, we recognize the serious implications and long-lasting effects that a burglary conviction can have on your life. Our knowledgeable Arizona criminal defense attorneys are committed to delivering aggressive representation for individuals accused of burglary. We leverage our deep understanding of Arizona statutes, including the specific language of the burglary statute, to develop a robust defense strategy for our clients.

Burglary Statutes in Arizona

Burglary is a severe criminal offense in Arizona, regulated by the following statutes:

Arizona Revised Statutes (ARS) § 13-1506 – Burglary in the Third Degree

This occurs when an individual enters or remains unlawfully in a non-residential structure, a fenced commercial or residential yard, or a vehicle with the intent to commit theft or any other felony. Third-degree burglary is a Class 4 felony.

Arizona Revised Statutes (ARS) § 13-1507 – Burglary in the Second Degree

This occurs when an individual enters or remains unlawfully in a residential structure with the intent to commit theft or any other felony. Second-degree burglary is a Class 3 felony

Arizona Revised Statutes (ARS) § 13-1508 – Burglary in the First Degree

This occurs when an individual enters or remains unlawfully in a residential or non-residential structure or a fenced commercial yard with the intent to commit theft or any other felony, and they knowingly possess explosives, a deadly weapon, or a dangerous instrument. First-degree burglary is a Class 2 or Class 3 felony, depending on whether it involves a residential structure or not.

These statutes define burglary as entering or remaining unlawfully in a building, structure, or vehicle with the intent to commit theft or any other felony. The specific classification of the burglary charge depends on factors such as the presence of a deadly weapon or dangerous instrument, the type of property targeted, and whether any persons were present.

Potential Consequences

A burglary conviction in Arizona carries serious penalties, which vary based on the degree of the offense. Consequences may include:

  • Imprisonment
  • Substantial fines
  • Probation
  • A lasting criminal record

These penalties can significantly impact your personal and professional life, making it crucial to have an experienced legal team on your side.

Sentencing Guidelines for Burglaries in Arizona

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In Arizona, sentencing guidelines are determined by a range of factors, including the classification of the felony, prior criminal history, and the specific circumstances of the crime. Here are the general sentencing ranges for each class of felony:

First Degree Burglary in Arizona

In Arizona, first-degree burglary is classified as either a Class 2 or Class 3 felony, depending on whether it involves a residential structure or not.

If the first-degree burglary involves a residential structure, it is considered a Class 2 felony. The sentencing range for a Class 2 felony in Arizona generally is as follows:

  • Presumptive term: 5 years
  • Minimum term: 4 years
  • Maximum term: 10 years
  • Mitigated term: 3 years
  • Aggravated term: 12.5 years

 

If the first-degree burglary involves a non-residential structure or a fenced commercial yard, it is considered a Class 3 felony. The sentencing range for a Class 3 felony in Arizona generally is as follows:

  • Presumptive term: 3.5 years
  • Minimum term: 2.5 years
  • Maximum term: 7 years
  • Mitigated term: 2 years
  • Aggravated term: 8.75 years

Second Degree Burglary in Arizona

In Arizona, second-degree burglary involves unlawfully entering or remaining in a residential structure with the intent to commit theft or any other felony. It is classified as a Class 3 felony. The general sentencing range for a Class 3 felony in Arizona is as follows:

    • Presumptive term: 3.5 years
    • Minimum term: 2.5 years
    • Maximum term: 7 years
    • Mitigated term: 2 years
    • Aggravated term: 8.75 years

Third Degree Burglary In Arizona

In Arizona, third-degree burglary involves unlawfully entering or remaining in a non-residential structure, a fenced commercial or residential yard, or a vehicle with the intent to commit theft or any other felony. It is classified as a Class 4 felony. The general sentencing range for a Class 4 felony in Arizona is as follows:

    • Presumptive term: 2.5 years
    • Minimum term: 1.5 years
    • Maximum term: 3 years
    • Mitigated term: 1 year
    • Aggravated term: 3.75 years

How We Can Help

At Tamou Law Group PLLC, our dedicated and skilled attorneys will work diligently to protect your rights and strive for the most favorable outcome in your burglary case. Our legal services include:

  1. Conducting a comprehensive review and analysis of your case’s facts
  2. Contesting the evidence presented by the prosecution
  3. Identifying weaknesses in the State’s case
  4. Exploring potential defenses, such as lack of intent, mistaken identity, or consent to enter the property
  5. Negotiating with the State for reduced charges or alternative sentencing options

Contact Us Today

If you or a loved one is facing burglary charges in Arizona, it’s essential to seek the guidance of an experienced criminal defense attorney as soon as possible. At Tamou Law Group PLLC, we understand the serious nature of burglary charges and are committed to providing our clients with the knowledgeable and aggressive representation they need to protect their rights and freedoms. We serve clients throughout Arizona, including Phoenix, Tucson, Mesa, Chandler, Glendale, Scottsdale, Gilbert, Tempe, Peoria, Surprise, and Flagstaff. Contact us today at 623-321-4699 to schedule a consultation and learn more about how we can help with your burglary case.