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What Are the Charges and Penalties for Burglary in AZ?

What Are the Charges and Penalties for Burglary in AZ?

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

Burglary in Arizona doesn’t require breaking anything—entering with intent to commit a crime is enough; here’s how degree and penalty are determined.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC.

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Burglary Laws in Arizona: Charges and Penalties Explained

Introduction

Burglary is a serious crime that involves entering a property with the intent to commit a crime, usually theft or some other felony. The state of Arizona takes burglary offenses seriously, and the legal consequences can be severe. In this blog post, we will delve into the various aspects of burglary laws in Arizona, including the different charges, penalties, and relevant statutes. If you find yourself facing burglary charges, it’s crucial to understand the nuances of the law and seek legal counsel promptly. If you need experienced advice, don’t hesitate to contact Tamou Law Group PLLC at 623-321-4699.

Defining Burglary Under Arizona Law

In Arizona, burglary is defined as unlawfully entering or remaining on a property with the intent to commit a theft or any felony therein. The key elements of burglary include unauthorized entry and the intent to commit a crime. It’s important to note that even if the intended crime is not actually committed, the act of entering with criminal intent is sufficient for a burglary charge.Degrees of Burglary ChargesArizona categorizes burglary into three degrees, each with varying levels of severity and corresponding penalties:

  1. Third-Degree Burglary (Residential): This involves entering or remaining unlawfully in a residential structure with the intent to commit theft or a felony. It’s considered a class 4 felony and can result in imprisonment for up to 3 years.
  2. Second-Degree Burglary (Commercial): This applies to entering or remaining unlawfully in a non-residential building or fenced commercial yard with criminal intent. Second-degree burglary is a class 3 felony, carrying a potential prison sentence of up to 8 years.
  3. First-Degree Burglary: The most serious form of burglary, first-degree burglary involves entering or remaining unlawfully in a residential structure with the intent to commit theft or a felony while armed with a deadly weapon or dangerous instrument. It’s a class 2 felony, and a conviction can lead to a prison term of up to 12.5 years.

Penalties for Burglary in Arizona

The penalties for burglary convictions in Arizona are substantial and can have a lasting impact on your life. Along with prison time, individuals may face fines, probation, restitution to victims, and a permanent criminal record. A criminal record can affect employment opportunities, housing options, and even the right to possess firearms.

Understanding Arizona Statutes

Several statutes come into play when dealing with burglary cases in Arizona. It’s essential to have a basic understanding of these statutes to navigate the legal process effectively:

  1. Arizona Revised Statutes § 13-1501: This statute defines burglary and its various degrees, outlining the elements required for a conviction.
  2. Arizona Revised Statutes § 13-1502: This statute pertains to the classification and penalties for third-degree burglary.
  3. Arizona Revised Statutes § 13-1503: It addresses second-degree burglary, including its classification and potential consequences.
  4. Arizona Revised Statutes § 13-1508: This statute covers first-degree burglary, highlighting the involvement of dangerous weapons and their implications on charges and penalties.

Conclusion

Burglary charges in Arizona are complex and carry significant legal consequences. Understanding the different degrees of burglary, associated penalties, and relevant statutes is crucial if you’re facing such charges. If you or someone you know is dealing with burglary accusations, seeking legal counsel from experienced professionals is paramount. The dedicated team at Tamou Law Group PLLC is ready to provide experienced guidance and support. Contact Tamou Law Group PLLC at 623-321-4699 to ensure your rights are protected and to navigate the legal process effectively. Remember, taking swift action and seeking legal advice can make a significant difference in the outcome of your case.

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Common Questions

Frequently Asked Questions

What is second-degree burglary in Arizona?

Second-degree burglary in Arizona is unlawfully entering or remaining in a residential structure with the intent to commit theft or any felony inside, a class 3 felony under A.R.S. 13-1507. A first offense carries 2 to 8.75 years in prison, though probation is possible for some first-time offenders.

Is burglary always a felony in Arizona?

Yes, every degree of burglary is a felony in Arizona, from a class 4 felony for third-degree burglary up to a class 2 felony for first-degree burglary. There is no misdemeanor burglary, although charges are sometimes reduced to criminal trespass through plea negotiations.

How long do you go to prison for burglary in Arizona?

A first-time burglary conviction in Arizona carries up to 3.75 years for third degree, 8.75 years for second degree, and 12.5 years for first degree. First-degree burglary committed with a deadly weapon is a dangerous offense, which means prison is mandatory even for a first felony.

Can you be charged with burglary in Arizona if you didn’t steal anything?

Yes, burglary in Arizona requires only unlawful entry with intent to commit theft or any felony, so you can be charged even if nothing was taken. Under A.R.S. 13-1501, the crime is complete the moment you enter or remain with criminal intent, whether or not it succeeds.

What is the difference between burglary and trespassing in Arizona?

The difference is intent: burglary requires unlawful entry with the intent to commit theft or a felony inside, while criminal trespass is unlawful entry alone. Trespass can be a misdemeanor, but burglary is always a felony, so proving what you intended is often the key battleground at trial.

Does breaking into a car count as burglary in Arizona?

Yes, entering a motor vehicle with intent to commit theft or a felony can be charged as third-degree burglary in Arizona, a class 4 felony under A.R.S. 13-1506. That statute also covers nonresidential structures and fenced commercial or residential yards, carrying up to 3.75 years for a first offense.

Can a homeowner detain a burglary suspect in Arizona?

Yes, Arizona’s private-person arrest statute, A.R.S. 13-3884, allows a citizen to detain someone committing a felony such as burglary in their presence, using only reasonable force. Detaining a suspect is legally and physically risky, however, and police strongly recommend calling 911 instead of confronting anyone yourself.

How can a lawyer fight burglary charges in Arizona?

A defense lawyer can attack the State’s proof of criminal intent, challenge identification and entry evidence, and negotiate reductions to trespass or probation-eligible outcomes. Tamou Law Group defends burglary cases throughout Phoenix and Scottsdale and reviews every case for suppression and dismissal issues. Call 623-321-4699, 24/7.

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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.

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