Burglary Defense Lawyers
Charged with burglary (A.R.S. § 13-1506, 13-1507, 13-1508)? Burglary is entering or remaining in a structure with intent to commit a theft or felony inside, no actual theft is required. It ranges from a Class 4 felony up to a Class 2 dangerous felony when a weapon is involved. The case turns on intent and entry. Do not talk to police or consent to a search, call us first.
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What Is Burglary in Arizona?
Quick answer: Burglary means entering or remaining unlawfully in a structure with the intent to commit a theft or any felony inside. No theft has to actually occur, the crime is complete on entry with intent. Arizona grades it by location and weapon: third-degree (A.R.S. § 13-1506), a nonresidential structure or fenced yard, is a Class 4 felony; second-degree (13-1507), a residential structure, is a Class 3 felony; and first-degree (13-1508), committed while knowingly armed with a deadly weapon or explosive, is a Class 2 felony (Class 3 if a non-residence) and a dangerous offense. Possession of burglary tools (13-1505) is a separate Class 6 felony. The defense centers on intent, lawful entry, and identity.
Both Sides
Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending burglary and other theft cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is Burglary in Arizona?
- Is burglary a felony in Arizona?
- Do you have to actually steal something to be charged with burglary?
- How much prison time can you get for burglary in Arizona?
- What makes burglary first-degree in Arizona?
- What is the difference between burglary and criminal trespass in Arizona?
- Can a burglary charge be reduced or dismissed in Arizona?
- How the Degree Sets the Burglary Charge
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with burglary in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 13-1506, the penalties, and the defenses that matter most.
Is burglary a felony in Arizona?
Yes, always. Third-degree burglary (A.R.S. § 13-1506) is a Class 4 felony, second-degree (13-1507) is a Class 3 felony, and first-degree (13-1508), committed while knowingly armed, is a Class 2 or Class 3 dangerous felony with mandatory flat-time prison. There is no misdemeanor version of burglary.
Awards & Recognition
Our recognition for Phoenix theft crime defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
- National Trial Lawyers Top 40 Under 40
- Elite Lawyer 2026 – Criminal Defense
- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
When you are looking for the best Phoenix theft crime lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
Do you have to actually steal something to be charged with burglary?
No. Burglary is complete the moment you enter or remain unlawfully with the intent to commit a theft or any felony inside, no theft has to occur. That is why intent at the moment of entry is the central, most contested issue in every burglary case.
How much prison time can you get for burglary in Arizona?
It depends on the degree. A first-offense Class 4 third-degree burglary runs about 1 to 3.75 years and is often probation-eligible; a Class 3 second-degree (residential) burglary runs about 2 to 8.75 years. A Class 2 dangerous first-degree burglary of a home carries 7 to 21 years of flat-time prison with no probation.
What makes burglary first-degree in Arizona?
Being knowingly armed with a deadly weapon, dangerous instrument, or explosive during the burglary, by you or an accomplice. In a residence, first-degree burglary is a Class 2 dangerous felony with flat-time prison; in a nonresidence it is a Class 3. Whether you were knowingly armed is frequently the central dispute.
What is the difference between burglary and criminal trespass in Arizona?
Criminal trespass (A.R.S. § 13-1502) is being somewhere unlawfully. Burglary adds the intent to commit a theft or felony inside. Where the State cannot prove that intent at entry, the charge should be the far lesser trespass, which is a common and valuable reduction goal.
Can a burglary charge be reduced or dismissed in Arizona?
Yes. Where the State cannot prove intent at the moment of entry, we push to reduce the case to criminal trespass or to dismiss it. We also contest the residential designation that raises a Class 4 to a Class 3, and the knowingly-armed element that creates a dangerous felony, to lower the degree and your exposure.
How the Degree Sets the Burglary Charge
Burglary is graded by where it happened and whether a weapon was involved, not by the value taken. The degree drives your exposure.
| Degree | Where / Circumstance | Felony Class | First-Offense Range* |
|---|---|---|---|
| Third-Degree (13-1506) | Nonresidential / yard / vehicle | Class 4 | 1 – 3.75 years |
| Second-Degree (13-1507) | Residential structure | Class 3 | 2 – 8.75 years |
| First-Degree, nonresidence (13-1508) | Armed, nonresidential | Class 3 Dangerous | Flat-time prison |
| First-Degree, residence (13-1508) | Armed, residential | Class 2 Dangerous | 7 – 21 years (flat) |
| Burglary Tools (13-1505) | Tools + intent | Class 6 | 4 mo – 2 years |
*Ranges are for a first offense and vary with priors and aggravators. ‘Dangerous’ (weapon) offenses carry mandatory, flat-time prison with no probation.
What the State Must Prove for Burglary
To convict you of Burglary under A.R.S. § 13-1506, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1Entering or remaining unlawfully. You entered or stayed in a structure or yard without a right to be there, consent or public access is a defense.
- 2A structure (or vehicle/yard). The place fits the statutory definition, nonresidential, residential, or a fenced yard, which sets the degree.
- 3Intent to commit theft or a felony. At the moment of entry, you intended to commit a theft or felony inside, the central, contested element.
- 4(First-degree) knowingly armed. For first-degree, you or an accomplice knowingly had a deadly weapon, dangerous instrument, or explosive.
Examples of Conduct Charged as Burglary
- Entering a closed business after hours to take property
- Going into a home through an unlocked door to steal
- Breaking into a vehicle to take items inside
- Returning to a store after a written trespass ban to shoplift
- Carrying a weapon during any of the above (first-degree)
What Sentence Could You Actually Face?
Burglary penalties range from a probation-eligible Class 4 to a Class 2 dangerous felony with mandatory flat-time prison. The degree, and any weapon, decide where you fall.
Class 4
Third-Degree
Class 3
Second-Degree (Home)
Class 2 Dangerous
First-Degree (Armed)
⚠ Reducing the Degree Is Everything
The difference between a probation-eligible third-degree burglary and a flat-time first-degree dangerous felony is enormous. We fight to knock the degree down, attacking the ‘residential’ designation, the ‘knowingly armed’ element, and most importantly the intent, and where intent fails, to reduce the case to a criminal trespass instead.
How We Fight Arizona Burglary Cases
Every case has weak points. These are the defenses we look at first.
Attacking Intent & Entry
No Intent to Commit a Crime. Burglary requires intent to commit a theft or felony at entry. Without that intent, the charge fails, and unlawful presence is at most a trespass.
Lawful Entry or Consent. Where you had permission or a right to be there, or the area was open to the public, the entry was not unlawful.
Reduce to Criminal Trespass. Where intent can’t be proven, we push to reduce the case to a far lesser criminal-trespass charge.
Mistaken Identity. Burglaries are often built on circumstantial evidence and poor video; we challenge whether you were the person involved.
Attacking the Degree & Evidence
Not ‘Knowingly Armed’. For first-degree, the State must prove you knowingly possessed a deadly weapon during the burglary, often a weak point.
Not ‘Residential’. We contest the residential designation that elevates a Class 4 to a Class 3.
No Burglary Tools Intent. Ordinary items are not ‘burglary tools’ without proof of intent to use them to break in.
Unlawful Search. Evidence from an unlawful stop, search, or warrant can be suppressed.
The Experts We Bring to the Table
Theft cases are built on video, valuations, and loss-prevention reports. We bring the specialists who take them apart.
Video & Surveillance Analysts
What the Footage Shows
Recover and analyze store and police video that often fails to show intent, or shows it was someone else entirely.
Valuation Experts
Disputing the Value
Establish the true value of the property, condition, markdowns, fair market value, which can drop the felony class or make it a misdemeanor.
Eyewitness-ID Experts
Identification
Expose the unreliability of loss-prevention and eyewitness identifications, especially from poor-quality footage.
Digital Forensics Experts
Devices & Online Sales
In organized-retail and online cases, examine the digital evidence and whether it actually ties you to the conduct.
Loss-Prevention & Records Analysts
Reports & Procedure
Scrutinize the store’s loss-prevention report, detention, and inventory records for errors and improper procedure.
Mitigation Specialists
Diversion & Record Protection
Build the case for diversion, restitution, and a resolution that keeps a theft, a crime of dishonesty, off your permanent record.
Recent Burglary Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles burglary cases across Arizona.
Burglary Reduced to Trespass
Reduced to Trespass
Without proof of intent to commit a felony at entry, we reduced a Class 4 burglary to a criminal trespass.
First-Degree Weapon Defeated
Reduced to 2nd-Degree
We defeated the ‘knowingly armed’ element, dropping a Class 2 dangerous felony to a non-dangerous charge.
Residential Designation Disputed
Reduced to Class 4
We showed the structure was nonresidential, reducing a Class 3 to a Class 4 burglary.
Consent to Enter
Charges Dismissed
Evidence our client had permission to be on the property defeated the unlawful-entry element.
Burglary Tools, No Intent
Charges Dismissed
We showed the ‘tools’ were ordinary items with no proven intent to use them for a break-in.
Mistaken-Identity Burglary
Charges Dismissed
Poor surveillance and weak circumstantial proof could not establish our client as the burglar.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for the best burglary lawyer in Phoenix, a breaking and entering defense attorney, or help with an A.R.S. 13-1506, 13-1507, or 13-1508 charge. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend burglary and other theft cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona theft crimes practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Burglary FAQs
Quick answers to the questions we hear most about burglary charges, penalties, and defenses in Arizona.
Is burglary a felony in Arizona?
Yes, always. Third-degree burglary (13-1506) is a Class 4 felony, second-degree (13-1507) is a Class 3, and first-degree (13-1508), committed while armed, is a Class 2 or 3 dangerous felony with mandatory flat-time prison.
Do I have to actually steal something to be charged with burglary?
No. Burglary is complete the moment you enter or remain unlawfully with the intent to commit a theft or felony inside, no theft has to occur. That is why intent at the moment of entry is the central issue.
What’s the difference between burglary and trespass?
Trespass (A.R.S. 13-1502) is being somewhere unlawfully. Burglary adds the intent to commit a theft or felony inside. Without that intent, the charge should be the far lesser trespass, a common reduction goal.
What makes burglary ‘first-degree’?
Being knowingly armed with a deadly weapon, dangerous instrument, or explosive during the burglary. In a home, first-degree is a Class 2 dangerous felony with flat-time prison. Whether you were ‘knowingly armed’ is often disputed.
What are burglary tools?
Any tool or article adapted or commonly used for breaking in, possessed with intent to use it for a burglary or theft (A.R.S. 13-1505), a Class 6 felony. Because many tools are ordinary items, the intent element is decisive.
Can a burglary charge be reduced or dismissed?
Yes. Where the State cannot prove intent at entry, we push to reduce to criminal trespass or to dismiss. We also fight the residential designation and the weapon element to lower the degree and the exposure.
Is breaking into a car burglary?
Yes. Entering a vehicle with intent to commit a theft or felony inside is third-degree burglary, a Class 4 felony, distinct from auto theft, which is taking the vehicle itself.
Will a burglary conviction affect my rights?
Yes. A felony burglary conviction means loss of civil and firearm rights, a permanent record, and barriers to jobs and housing. A dangerous first-degree conviction also carries flat-time prison and immigration consequences.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- Burglary is entering/remaining in a structure with intent to commit theft or a felony, no actual theft required.
- Third-degree (13-1506) nonresidential = Class 4; second-degree (13-1507) residential = Class 3; first-degree (13-1508) armed = Class 2.
- First-degree burglary (with a deadly weapon) is a dangerous offense with mandatory, flat-time prison.
- The key element is intent at the moment of entry, being somewhere you should not be, without that intent, is not burglary.
- Possession of burglary tools (A.R.S. § 13-1505) is a separate Class 6 felony with its own intent requirement.
- Burglary often accompanies theft or shoplifting (e.g., entering a store after a trespass ban) charges.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
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.