Burglary Laws in Arizona: Understanding the Different Degrees and Penalties

Under ARS 13-1506, ARS 13-1507, and ARS 13-1508, burglary occurs when a person unlawfully enters or remains in a structure or fenced commercial or residential yard with the intent to commit theft or another felony. This can include entering a motor vehicle or any other nonresidential structure.

Arizona law specifies that simply entering a property with the intent to commit any theft or felony is sufficient for a burglary charge. The actual theft or felony does not have to be completed.

Burglary involves more than breaking and entering—it includes any unlawful entry where the intent to commit theft or felony is present. For example, entering a residential structure or manipulating a vehicle keyway to gain access with criminal intent would be considered burglary.

Arizona law defines three different degrees of burglary, each with varying levels of severity based on the circumstances of the offense:

Third-Degree Burglary (ARS 13-1506)

Third-degree burglary is the least severe form of burglary under Arizona burglary laws. A person commits third-degree burglary when they unlawfully enter or remain in a nonresidential structure, fenced commercial yard, or motor vehicle by means of manipulation, intending to commit a crime. This could also include the possession of burglary tools like a master key or other device used to manipulate locks.

• Class 4 felony: Under ARS 13-1506, third-degree burglary is charged as a class 4 felony, which carries a potential sentence of up to 3.75 years in prison for a first offense.

Second-Degree Burglary (ARS 13-1507)

Second-degree burglary involves unlawfully entering or remaining in a residential structure with the intent to commit theft or felony therein. Entering someone’s home with criminal intent increases the risk to the occupants, which is why this offense is treated more seriously than third-degree burglary.

• Class 3 felony: Second-degree burglary is charged as a class 3 felony, which can result in a sentence of up to 8.75 years in prison, depending on the defendant’s prior criminal record.

First-Degree Burglary (ARS 13-1508)

First-degree burglary is the most serious form of burglary and occurs when a person unlawfully enters a structure or residential yard while armed with a deadly weapon or dangerous instrument, or if they commit the burglary with another person who is armed. This type of burglary can happen in either a residential or nonresidential structure.

• Class 2 felony: First-degree burglary of a residential structure is charged as a class 2 felony, which can result in a sentence of up to 12.5 years in prison. If the burglary occurs in a nonresidential structure, it is charged as a class 3 felony, with a maximum sentence of 8.75 years.

Certain circumstances can elevate the severity of a burglary charge, resulting in harsher penalties. These aggravating factors include:

• Use of weapons: If a deadly weapon or dangerous instrument is used during the commission of the burglary, the charge may be upgraded to first-degree burglary under ARS 13-1508.
• Intent to commit a more serious crime: Entering a structure with the intent to commit a more severe felony, such as assault or robbery, can result in upgraded charges.
• Prior convictions: A person with prior theft or burglary convictions within the past five years may face enhanced sentencing, with higher minimum prison terms.

Additionally, using burglary tools like a manipulation key or master key to enter a motor vehicle or structure can lead to increased penalties.

If you’ve been charged with burglary in Arizona, it’s essential to work with an experienced Arizona criminal defense attorney who can help you build a strong defense. Several defenses may be used to fight burglary charges, including:

• Lack of intent: Burglary requires the intent to commit theft or felony. If your defense attorney can prove that you did not intend to commit a crime after entering the property, the charges may be reduced or dismissed.
• Permission to enter: If you had permission to be on the property, it cannot be considered an unlawful entry. Your attorney may argue that you were a guest or had a legitimate reason to be there.
• Mistaken identity: In some cases, law enforcement may arrest the wrong person. A strong defense may involve proving that you were not the person who committed the crime.
• Insufficient evidence: The prosecution must prove all elements of the burglary offense beyond a reasonable doubt. If there is not enough evidence to support the charge, your case may be dismissed.

Each burglary case is unique, and the defense strategy will depend on the circumstances surrounding the crime.