Phoenix Burglary Attorney

Burglary is a serious crime, charged as a felony in Arizona. If you are facing burglary charges, it is in your best interests to speak with an experienced Phoenix burglary defense lawyer as soon as possible. Contact AZ Defenders for dedicated, white-glove service and aggressive criminal defense from a team of trial lawyers with a record of success in defending theft crimes.

Why Choose our Phoenix Burglary Lawyers

  • Our Phoenix criminal defense attorneys are well-versed in Arizona law, with more than two decades of combined experience representing clients in burglary matters.
  • We are respected by our peers and clients alike, with a reputation for aggressive and successful criminal defense and high-quality, personalized service.
  • We will attack any weakness in the evidence against you and use it to strengthen your defense.

What Is Considered a Burglary?

Burglary may be defined as unlawful entry into a structure with the intent to commit a crime. Physical breaking and entering is not required to constitute burglary. The offender could simply enter the structure through an open door. Burglary does not involve the use of force or fear to obtain someone else’s property. In fact, there is usually no victim present when a burglary occurs.

What are the Degrees of Burglary in Arizona?

There are three different classifications of burglary under Arizona law.

Burglary in the Third Degree

This crime is defined under Arizona Revised Statutes Section 13-1506. It is a class four felony with penalties including a prison term of one to three and three-quarters years. A person commits third-degree burglary by:

  • Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit theft or any felony therein; or
  • Entering any part of a motor vehicle using a manipulation key or master key with the intent to commit theft or a felony in the motor vehicle.

Burglary in the Second Degree

Under Arizona Revised Statutes Section 13-1507, second-degree burglary is a class three felony. Sentencing varies, depending on whether the offense was violent or nonviolent. Penalties may include two to eight and three-quarters years in prison. A person commits this crime by entering or remaining unlawfully in or on a residential structure with intent to commit theft or a felony therein.

Burglary in the First Degree

As stated in Arizona Revised Statutes Section 13-1508, first-degree burglary is a class two felony if committed in a residential structure, and a class three felony if committed in a nonresidential structure or a fenced residential or commercial yard. Penalties include seven to 21 years in prison for residential first-degree burglary and two to seven years for commercial first-degree burglary. A person commits burglary in the first degree if that person violates the provisions of section 13-1506 or 13-1507 (as discussed above) and knowingly possesses explosives, a dangerous instrument, or a deadly weapon in the course of committing a theft or a felony.

Do You Need a Burglary Defense Lawyer?

No matter the degree, burglary is a felony crime that carries severe penalties, including incarceration in prison. Defenses include:

  • Permission to enter
  • Lack of intent or knowledge to enter or remain illegally on the property
  • Coercion
  • Building not a structure under the legal definition
  • Suppression of evidence due to constitutional violations by the police

If you have been charged with first, second, or third-degree burglary in Arizona, it is crucial to get an experienced Phoenix burglary lawyer on your side without delay. Call AZ Defenders today to schedule a free consultation.

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