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Arizona Burglary Defense Lawyer

Arizona Burglary Defense Lawyer

In Arizona, all forms of Burglary are considered felonies, but the level of felony offense depends on the type of Burglary at issue. There are three forms of Burglary defined in Arizona’s statutes:

  • Burglary in the First Degree
  • Burglary in the Second Degree
  • Burglary in the Third Degree

If you or a loved one face charges for allegedly committing any Burglary crime, it is imperative that you speak with a defense lawyer that is experienced and equipped to handle your Burglary case. Stone Rose Law understands that being accused of a crime is a devastating event, so we work with you to put your fears to rest, leave no question unanswered, and no concern unaddressed while building a strong defense on your behalf. Contact Stone Rose Law today to have our dedicated criminal defense lawyers start working with you on your case to help navigate the complexities of the legal process with you. Take the proper steps toward the defense of your rights by scheduling your free consultation with one of our burglary defense lawyers online here or by calling (480) 498-8998.

Burglary in the First Degree (A.R.S. § 13-1508)

In Arizona, the most serious form of Burglary is Burglary in the First Degree. Burglary in the First Degree is defined by A.R.S. § 13-1508, which states that a person commits burglary in the first degree by entering or remaining unlawfully in or on a residential or non-residential structure with the intent to commit a felony or theft therein, while he or an accomplice is in possession of explosives, a deadly weapon, or a dangerous instrument.

Burglary in the First-Degree Charges

If Burglary in the First Degree is committed in or on a residential structure, it is a class 2 felony. If it is committed against a non-residential structure, then it is a class 3 felony, which, while still serious, is not quite as onerous as a class 2 felony. Regardless, it is important to note that Burglary in the First Degree, because it necessarily involves the use of a deadly weapon or dangerous instrument, can be charged as a “dangerous offense” as defined in A.R.S § 13-105(13). If Burglary in the First Degree is charged as a dangerous offense, the defendant faces a lengthy mandatory prison term. Regardless of his criminal record, and regardless of whether the property involved is residential or non-residential.

Defending Burglary in the First Degree

If you have been investigated for or charged with burglary in the First Degree, it is imperative that you seek out an experienced trial lawyer to assist you as early in the process as possible. A lawyer can not only help you avoid incriminating yourself during the investigation but can find and exploit any holes in the evidence gathered by the police. Do not go it alone. Call Stone Rose Law now at (480) 498-8998for a free consultation with an experienced trial attorney.

Burglary in the Second Degree (A.R.S. § 13-1507)

Burglary in the Second Degree is essentially the same as Burglary in the First Degree, except without the involvement of any explosives or weaponry. According to A.R.S. § 13-1507, a person commits Burglary in the Second Degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or felony therein. Note that a person does not have to actually commit a theft or felony while in or on a residential structure in order to commit Burglary in the Second Degree. Rather, it is the intent to engage in such conduct that the state must prove.

What is Considered Burglary in the Second Degree?

By way of example, suppose that Person A breaks into the home of Person B, and is caught inside of the home with duct tape, rope, and a bottle of personal lubricant. That evidence would probably be sufficient to show that Person A intended to commit a felony, such as kidnapping or sexual assault, while inside the home. Thus, even though Person A was caught before he committed any felonies inside of Person B’s home, he could still be charged with and potentially convicted of Burglary in the Second Degree. In this scenario, a finding of sexual motivation may also be made, which would give the sentencing judge the ability to require that Person A register as a sex offender if convicted.

Burglary in the Second Degree usually arises as a result of someone breaking into a residential structure with the intent to commit a theft. However, as the example above demonstrates, Burglary in the Second Degree is not limited to situations where the perpetrator intends to commit a theft. It is also important to note that a person does not have to physically enter a residential property in order to be convicted of Burglary in the Second Degree. Rather, all that is necessary is that the Person penetrate whatever forms a structure’s outer boundary. Thus, courts have held that the act of inserting a pry bar into a door jam is sufficient by itself to sustain a conviction. Courts have even held that bullets’ firing into a residential structure can constitute entry sufficient to trigger a prosecution for Burglary in the Second Degree.

Penalties for Burglary in the Second Degree

Burglary in the Second Degree is always a class 3 felony, which is punishable by up to 8.75 years in prison, assuming the defendant has no prior felony convictions. Defending a Burglary in the Second-Degree charge requires skill and finesse. If you have been investigated for or charged with Burglary in the Second Degree, you need the help of an experienced trial attorney. To schedule your free burglary case evaluation, complete an online contact form here or call Stone Rose Law now at (480) 498-8998.

Burglary in the Third Degree (A.R.S. § 13-1506)

Burglary in the Third Degree is a class 4 felony, and assuming the defendant has no prior felony convictions is punishable by up to 3.75 years in prison. Burglary in the Third Degree is defined by A.R.S. § 13-1506, which states that 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; or
  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.

What Is Third Degree Burglary?

Although the language of A.R.S. § 13-1506 makes it appear that the only way a burglary of a vehicle can occur is via the use of a manipulation key or master key, this is not the case. This is because the term “structure” is defined by A.R.S. § 13-1501(12) in an unusually broad fashion. Indeed, the term “structure” as used in A.R.S. § 13-1506 means “any device that accepts electronic or physical currency and that is used to conduct commercial transactions, any vending machine or any building, object, vehicle, railroad car or place with sides and that is separately securable from any other structure attached to it and that is used for lodging, business, transportation, recreation or storage.”

Thus, regardless of how a vehicle is unlawfully entered, someone doing so for the purpose of committing a felony or theft therein can be convicted of Burglary in the Third Degree.

Criminal Defense Attorney for Burglary in the Third-Degree Charges

If you are being charged for, or have been accused of, Burglary in the Third Degree, call Stone Rose Law. It is important to have the assistance of a criminal defense attorney with extensive experience handling burglary cases that will best defend your specific case and the circumstances surrounding your burglary offense. The criminal defense lawyers at Stone Rose Law have extensive knowledge of the law and the legal system in Arizona, and you can be confident that we will tirelessly pursue the optimum outcome on your behalf. Protect your rights now by contacting Stone Rose Law to schedule your free burglary case consultation by filling out a contact form here or calling (480) 498-8998.