Second-Degree Burglary in Arizona: ARS 13-1507

Posted on October 31, 2025 in Theft & Shoplifting

Under Arizona law, a person commits second-degree burglary when that person unlawfully enters or remains in a residential structure with the intent to commit any theft or any felony inside. 

A conviction for second-degree burglary is a Class 3 felony in Arizona that can result in a prison term of up to 8.75 years for a first offense.

In this post, we consider the following aspects of second-degree burglary:

• How Arizona law defines the offense
  
• Penalties for a conviction
  
• Possible defenses

AZ Defenders represents clients accused of all forms of burglary charges in Arizona, including second-degree burglary.

If you have been charged with second-degree burglary in Arizona, please call AZ Defenders at (480) 456-6400 to speak with an experienced Arizona criminal defense attorney.

How Does Arizona Define Second-Degree Burglary?

The law that defines second-degree burglary in Arizona is Arizona Revised Statutes 13-1507. This statute is brief—it is only 40 words long. 

Here are the elements:

• You must have unlawfully entered into or remained in a residential structure; and
  
• You had the intent to commit any theft or any kind of felony therein.

Some terms in the statute need additional definitions to understand how the second-degree burglary statute works and how Arizona courts apply it.

What is a Residential Structure?

Arizona law defines a “structure” as including many kinds of forms, not all of which are directly relevant to second-degree burglary. 

For our purposes, the kind of structure that matters for residential purposes is a “building, object, vehicle, railroad car or place with sides and a floor, that is separately securable from any other structure attached to it, and is used for lodging.”

The specific definition of a “residential structure” is “any structure, movable or immovable, permanent or temporary, that is adapted for both human residence and lodging whether occupied or not.” This includes houses, apartments, condominiums, mobile homes, and more.

What is Entering or Remaining Unlawfully?

The act of unlawfully “entering” means to intrude any part of your body, or an instrument, inside the external boundaries of a structure or property and/or remaining on a premises when your intention for doing so is not licensed, authorized, or otherwise privileged.

What are Examples of Unlawfully Entering or Remaining in a Residential Structure?

A key thing to understand about a residential burglary is that it is not limited to the kind of “breaking and entering” behaviors that many people commonly associate with the term, like entering through a broken window or breaking down a door to commit theft of items inside.

• Reaching into a residential structure through an open window with your arm, intending to steal an item within arm’s reach, qualifies as a residential burglary.
  
• Staying inside someone else’s residence after you are told to leave by an authorized person having control over the residence.
  
• Breaking into a residence with the intention of committing robbery, sexual assault, or any other felony against someone inside is second-degree burglary, regardless of whether the intent to commit theft is present.
  
• Unlawfully entering a structure intending to commit arson would be second-degree burglary.

Another consideration is that burglary is a distinct crime that can be charged in addition to the underlying theft or felony. In the examples above, the theft, robbery, or sexual assault are all separate charges in addition to the second-degree burglary charge.

Penalties for a Second-Degree Burglary Conviction

Burglary in the second degree is a Class 3 felony in Arizona. The penalties you may face upon conviction will depend on several factors, including whether it is your first offense or you have one or more “historical prior felony” convictions on your record, and whether any aggravating or mitigating factors exist.

If you are convicted of a first-time second-degree burglary charge, then you could be sentenced to state prison for 2 to 8.75 years.

• If you have a “historical prior felony” conviction, this range increases to 3.25 to 16.25 years.
  
• If you have two or more “historical prior felony” convictions, then the range goes up to between 7.5 and 25 years.

Other penalties aside from prison time can include:

• A maximum fine of up to $150,000, plus possible surcharges
  
• Restitution

Aggravating and Mitigating Factors

Aggravating factors are those that may increase your sentence. Examples of aggravating factors that could increase the sentence for a second-degree burglary conviction include:

• Using a mask while committing an offense to hide your identity.
  
• Unlawfully entering a structure with the intent of lying in wait for a victim.
  
• Impersonating a police officer while committing a felony in the structure.
  
• Using an accomplice to commit the offense.
  
• If the victim of the burglary is someone who has a disability, or is 65 years or older.

Mitigating factors are those a court can consider that might reduce the duration of a prison sentence. Examples of mitigating factors include:

• You committed the burglary under unusual or substantial duress.
  
• You were a minor at the time of committing the burglary.
  
• You have no prior criminal record.
  
• You lacked the ability to fully appreciate the wrongful nature of the burglary.

What are Defenses to a Second-Degree Burglary Charge?

Depending on the factual circumstances of the alleged act of second-degree burglary, you may have several legal defenses that can reduce the possible charges against you or even lead to your acquittal. Here are some common defenses to second-degree burglary charges in Arizona.

You Did Not Intend to Commit a Theft or Felony Offense

Burglary involves two acts: 1.) unlawful entry or remaining inside the residence; and, 2.) the intent to commit a theft or another felony therein. 

If you can cast a reasonable doubt on the prosecution’s case that you intended to steal something or commit a felony-level offense, then you may be able to reduce a charge of second-degree burglary to a lesser charge.

For instance, entering a residential property and committing a misdemeanor offense unrelated to theft could lead to charges of criminal trespass, because such does not constitute second-degree burglary.

You should note that it is probably not a defense to argue that you did not intend to commit a felony-level act of theft, but a misdemeanor-level theft instead. The language of ARS 13-1507 refers to “any” theft crime; it does not require the theft to be a felony act.

You Had a Legal Right to Enter or Remain on the Property

If your presence on the property was as an invitee or licensee, then you can challenge the unlawful entry element of the prosecution’s case. You may still face a charge for any crime you allegedly committed while lawfully on the property, but this could remove your activity from the definition of second-degree burglary.

You are a Victim of Mistaken Identity

Sometimes, the only evidence linking you to a second-degree burglary may be photo or video evidence. Such evidence could lead you to be unjustly blamed as the culprit, especially if the person who actually committed the burglary was wearing a mask that makes positive identification difficult or impossible.

If you can establish an alibi for where you were when the alleged second-degree burglary was being committed, this can cast enough reasonable doubt on the prosecution’s case against you.

Technical Defenses

If the police and the prosecutor’s office do not carefully follow procedures in arresting you or in the gathering and handling of the evidence against you for a second-degree burglary charge, you may be able to challenge the admissibility of that evidence, the strength of that evidence, or both.

For example, if the police violate your constitutional rights while you are in custody for a second-degree burglary charge, this can lead to evidence collected in violation of your rights from being admitted in court.

Or, if law enforcement failed to properly maintain the chain of custody of evidence in its possession that it intends to present, this failure can also lead to the evidence being inadmissible against you in court.

Have You Been Charged With Second-Degree Burglary in Arizona?

A second-degree burglary charge is a serious offense that can lead to harsh penalties like jail time, massive fines, and a felony conviction on your record. With so much on the line, if you are facing prosecution for second-degree burglary, then you should seek out the best possible legal defense representation.

At AZ Defenders, our criminal defense attorneys have decades of combined experience providing legal help to Arizona residents facing property crime charges, including all forms of burglary.

Give us a call today at (480) 456-6400 or contact us online to schedule a free case evaluation with one of our highly experienced Arizona criminal defense attorneys.