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 are Burglary Charges?

In the old days, burglary used to mean breaking and entering the home of another person at night with the intent to commit a felony, but Arizona law has expanded those definitions. 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 pursuant to Arizona Revised Statutes § 13-1506; Burglary in the Second Degree pursuant to Arizona Revised Statutes § 13-1507; and Burglary in the First Degree pursuant to Arizona Revised Statutes § 13-1508.

Burglary in the Third Degree

Burglary in the Third Degree is committed by entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein; or by entering any motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.

A nonresidential structure can include several places, including a car or RV.

Consequences of Burglary in the Third-Degree Conviction

Burglary in the Third Degree is a Class 4 Felony.  If convicted of a Class 4 Felony you face 1 to 3.75 years in prison, up to 4 years of probation, and a maximum fine of $150,000.  Prior felony convictions can increase this range.

Burglary in the Second Degree

Burglary in the Second Degree is committed by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or felony therein.

Consequences of Burglary in the Second-Degree Conviction

Burglary in the Second Degree is a Class 3 Felony.  If convicted of a Class 3 Felony you face 2 to 8.75 years in prison, up to 5 years of probation, and a maximum fine of $150,000.  Prior felony convictions can increase this range.

Unlike with Burglary in the Third Degree, Burglary in the Second Degree requires entry into a residential structure, like a home, apartment, or dorm room.

Burglary in the First Degree

Burglary in the First Degree is different from the other two forms as it is essentially an “aggravated” burglary.  Committing Burglary in the Third or Second Degree while you or an accomplice knowingly possess explosives, a deadly weapon, or dangerous instrument is Burglary in the First Degree.

Consequences of Burglary in the First-Degree Conviction

Burglary in the First Degree of a nonresidential structure or fenced commercial or residential yard is a Class 3 Felony. If convicted of a Class 3 Felony you face 2 to 8.75 years in prison, up to 5 years of probation, and a maximum fine of $150,000.  Prior felony convictions can increase this range.

Burglary in the First Degree of a residential structure is a Class 2 Felony.  A Class 2 Felony carries a prison range of 3 to 12.75 years in prison, up to 7 years of probation, and a maximum fine of $150,000.  Prior felony convictions can increase this range.

Contact a Phoenix Criminal Defense Attorney Today

Burglary cases are often charged after lengthy and complex investigations which make use of forensic science.  They are complicated cases, no matter the degree, burglary is a felony crime that carries severe penalties, including incarceration in prison. upon conviction. 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 the police

The attorneys at AZ Defenders have decades of combined experience in complicated cases like burglaries.  When the stakes are high you need someone by your side who can really help protect your rights, liberty, and good name.  Call us at 480-456-6400 or contact us online today and schedule a free consultation so that we may begin crafting a defense specific to your case as soon as possible.

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