What Are the Degrees of Burglary in AZ?

What Are the Degrees of Burglary in Arizona?

Arizona divides burglary into three degrees, and every one of them is a felony. The structure is simple once you see it: where you allegedly entered sets the degree, and whether anyone was armed elevates it to the top.

• Third degree (A.R.S. § 13-1506) — Class 4 felony: unlawfully entering or remaining in a nonresidential structure (including retail stores) or a fenced commercial or residential yard with intent to commit a theft or felony inside — or entering any part of a motor vehicle with a manipulation or master key with that intent.
• Second degree (A.R.S. § 13-1507) — Class 3 felony: the same conduct in a residential structure. This is the most commonly charged degree.
• First degree (A.R.S. § 13-1508) — Class 3 or Class 2 felony: committing second- or third-degree burglary while you or an accomplice knowingly possesses explosives, a deadly weapon, or a dangerous instrument. Armed burglary of a home is the Class 2 version — and it is charged as a dangerous offense with mandatory prison.

The Element Everyone Misses: Intent at Entry

Burglary is not breaking in, and it is not stealing. It is entering or remaining unlawfully with the intent to commit a theft or any felony inside. That has two defense-critical consequences. First, no forced entry is required — walking through an open door counts, and “entry” under A.R.S. § 13-1501 includes the intrusion of any part of the body or any instrument past a structure’s boundary. Second — and this cuts the other way — without provable criminal intent at the moment of entry, there is no burglary at all, only trespass, several felony classes lower. That intent gap is where most burglary cases are actually fought; see our guide to being charged with burglary without stealing anything.

Penalties by Degree

• Third degree (Class 4): first-offense range of probation up to 3.75 years in prison;
• Second degree (Class 3): probation up to 8.75 years for a first offense;
• First degree of a nonresidential structure or yard (Class 3): the same range, but with the weapon allegation driving outcomes upward;
• First degree of a residence (Class 2, dangerous): mandatory prison — roughly 7 to 21 years for a first dangerous offense.

Priors, dangerous-offense allegations, and accomplice liability move every one of these ranges. And burglary charges rarely come alone — theft, criminal damage, possession of burglary tools, and trespass counts typically ride along.

Where the Degree Fights Happen

• Intent at entry — the difference between burglary and trespass, and the State’s hardest element;
• Structure classification — residential vs. nonresidential is the difference between a Class 3 and a Class 4;
• The weapon element — “knowingly possesses” during the offense is contestable, especially for accomplices who never saw a weapon;
• Identity and presence — burglary cases lean on fingerprints, DNA, and grainy video, all of which have limits; and
• Unlawfulness of the entry — permission, claim of right, and roommate/ex-partner disputes.

How Tamou Law Group Defends Burglary Cases

We fight the degree and the elements at the same time: whether intent at entry can actually be proven, whether the structure was what the State says it was, and whether the weapon element genuinely reaches our client. Moving a case from first to second degree, or from burglary to trespass, changes everything about the outcome.

Related guides: second-degree burglary (13-1507), first-degree burglary (13-1508), theft vs. burglary, and our Scottsdale property crimes lawyer page. Call 623-321-4699, 24/7.