Third-Degree Burglary in Arizona: ARS 13-1506

Posted on October 31, 2025 in Theft & Shoplifting

In Arizona, you commit a third-degree burglary offense if you enter or remain in a commercial or other non-residential structure, or a fenced yard, with the intent to commit theft or a felony offense, or making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle

Compared to first-degree burglary and second-degree burglary, third-degree burglary is the least serious form of burglary, but a conviction for third-degree burglary is still a Class 4 felony. For a first-time offender, this can mean up to 3.75 years in state prison.

AZ Defenders represents people accused of all types of burglary charges, including third-degree burglary cases. In this post, we discuss:

• How Arizona law defines third-degree burglary.
• What the legal penalties are for a third-degree burglary conviction.
• Possible defenses to a charge of third-degree burglary.

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

What is Third-Degree Burglary?

The Arizona law that defines third-degree burglary is Arizona Revised Statutes (ARS) Section 13-1506. The statute is short, so we include it in its entirety below:

A. A person commits burglary in the third degree by:

1. 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.

2. Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.

B. Burglary in the third degree is a Class 4 felony.

What is a Nonresidential Structure?

Arizona law defines a “structure” as including:

• Any device that accepts electronic or physical currency and is used to conduct commercial transactions.
• Any vending machine.
• Any 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, business, transportation, recreation or storage.

A “non-residential structure” is a structure other than a residential structure. Examples of non-residential structures include retail establishments, commercial structures, cars, a filing cabinet, or a collections box.

What is Entering or Remaining Unlawfully?

The act of “entering” means to intrude any part of your body, or an instrument, inside the external boundaries of a structure or real property.

Unlawful remaining means remaining on premises when your intention for doing so is not licensed, authorized, or otherwise privileged.

However, if you enter a store during normal business hours with the intent to steal merchandise that is on display for sale, and you do not go into any unauthorized area of the premises, this does not constitute unlawful entry under the law.

What is a Fenced Commercial Yard?

A fenced commercial yard is a unit of real property surrounded completely by fences, walls, buildings, or similar barriers, or any combination of fences, walls, buildings, or similar barriers, and is zoned for business operations, or where livestock, produce, or other commercial items are located.

What is a Fenced Residential Yard?

A fenced residential yard is a unit of real property that immediately surrounds or is adjacent to a residential structure, and is enclosed by a fence, wall, building or similar barrier or any combination of fences, walls, buildings or similar barriers.

What is a Master or Manipulation Key?

A master key is a key that operates all the keyed locks or cylinders in a similar type or group of locks.

A manipulation key is a key, device, or instrument, other than a key designed to operate a specific lock, that can be variably positioned and manipulated in a keyway to operate a lock or cylinder. Examples include a wiggle key, jiggle key, or rocker key.

Examples of Third-Degree Burglary

Third-degree burglary can occur in many ways. Here are some examples that courts in Arizona have recognized:

• Breaking into a warehouse to steal property inside it.
• Entering a house that is still under construction and is not yet suitable for occupancy, making it a “nonresidential structure,” for the purpose of committing theft.
• Breaking into a Salvation Army donation box to steal its contents.
• Breaking into a vending machine to steal its contents.
• Breaking into an automated teller machine to steal the cash inside.
• Entering a motor vehicle by breaking a window or using any kind of instrument to unlock a door, for the purpose of stealing something inside the vehicle.

Note that the act that follows the unlawful entry must be a felony-level offense or demonstrate the intent to commit any felony or any theft. As we will see below, one defense to a third-degree burglary charge can be that the act of “breaking and entering” by itself is not necessarily an act of burglary if there is no intention of committing a follow-up felony-level act.

For example, smashing a car window and then moving on may be an act of vandalism, but without an additional intent to commit a felony inside the vehicle, it might not be an act of burglary.

Alternatively, if the reason for entering a nonresidential structure was solely to seek temporary shelter inside, this could be considered an act of criminal trespass rather than third-degree burglary.

What are the Penalties for Third-Degree Burglary?

Burglary in the third degree is a Class 4 felony in Arizona. 

The penalties you may face upon conviction will depend on factors including whether it is your first offense or you have a prior felony offense on your record, and whether any aggravating or mitigating factors exist.

Please note that, in addition to a third-degree burglary charge, you may also be charged separately for any felony act and/or theft you commit that forms the basis for the burglary prosecution.

For example, if you unlawfully entered onto a fenced residential yard and allegedly robbed a person who was on the property, you could face a robbery charge in addition to burglary. Or if you broke into a car intending to steal it and drive it away, you might be additionally charged with auto theft.

First-Time Offense Penalties

A first-time conviction for third-degree burglary can result in a prison term of 1 to 3.75 years. The presumptive sentence is 2.5 years.

Repeat Offense Penalties

If you have “historical prior felony” convictions and are convicted of third-degree burglary, then the prison sentence increases:

• For one “historical prior felony conviction,” the sentence range is 2.25 to 7.5 years in prison. The presumptive sentence is 4.5 years.
• If you have two or more “historical prior felony” convictions, then the range increases to between 6 and 15 years in prison with a presumptive term of 10 years.

Other penalties aside from prison time can include:

• A fine of up to $150,000, plus applicable statutory surcharges
• Restitution
• Property forfeiture

Aggravating and Mitigating Factors

Aggravating factors are those that may increase your sentence. Examples of aggravating factors that could increase the sentence for a third-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 that 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 Third-Degree Burglary Charge?

Depending on the factual circumstances of the alleged act of third-degree burglary, you may have one or more legal defenses that can reduce the possible charges against you or even lead to your acquittal. 

Here are some common defenses to third-degree burglary charges in Arizona.

You Did Not Intend to Commit a Theft or Felony Offense

Burglary involves two acts: unlawful entry and/or remaining unlawfully with the intent to commit a theft or another felony. If you can either cast reasonable doubt on the prosecution’s case that you intended to steal something or to commit a felony-level offense, you may be able to reduce a charge of third-degree burglary to a lesser charge, like criminal trespass.

For example, if you enter onto nonresidential property and commit a misdemeanor-level offense that does not involve theft, you could be charged with criminal trespass as this does not meet the definition of third-degree burglary.

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 13-1506 refers to “any” theft crime; it does not require the theft to be a felony act.

The Commercial or Residential Yard You Entered Was Not Fenced

Arizona law includes definitions of what “fenced” means for commercial and residential yards. If you can show that the commercial or residential yard was not fenced under the statutory definition, this can remove the act from the definition of third-degree burglary.

You had a Legal Right to Enter 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, or if you remain on the property after the owner, controller, or manager of the property makes a reasonable request for you to leave, but this could remove your activity from the definition of third-degree burglary.

Note also that if someone enters a store during business hours intending to steal merchandise on display for sale, this is ordinarily not considered third-degree burglary but shoplifting.

You are a Victim of Mistaken Identity

Sometimes, the only evidence linking you to a third-degree burglary may be photo or video evidence. Such evidence could lead to you being unjustly blamed as the culprit, especially if the person who 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 third-degree burglary was being committed, this can cast enough reasonable doubt on the prosecution’s case against you – having an alibi is by far the most straightforward and strongest defense in almost every criminal case.

Technical Defenses

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

For example, if the police violate your constitutional rights when you are in custody for third-degree burglary, this can lead to your acquittal for violations of your legal rights.

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 lead to the evidence being inadmissible in court.

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

Even though it is not as bad as first- or second-degree burglary, a third-degree burglary charge is a serious offense that can lead to jail time, prison time, massive fines, and a felony conviction on your record. If you are facing charges for third-degree burglary, you should seek out the best possible legal defense representation immediately.

At AZ Defenders, our criminal defense attorneys have decades of combined experience defending Arizona residents against property crime charges, including all forms of burglary charges. Our Phoenix theft lawyers are known as some of the most aggressive criminal attorneys in the state.

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