There’s a big difference between burglary and robbery in the state of Arizona. Robbery occurs when a victim is threatened in order to gain control of property. Burglary doesn’t involve physical force, because there is no direct victim involved in the crime, meaning the burglar was not confronted by anyone.
This crime is typically committed in areas like homes, condominiums, apartment complexes, and other residential properties that are common targets of theft.
Degrees of Burglary
There are three different classifications of burglary; there is first, second, and third degree burglaries. The differences between the three are minimal, but each have costly penalties. The state of Arizona defines the three degrees of burglary as follows:
Charges and Penalties
First Degree Burglary according to A.R.S. § 13-1508:
- A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon, or a dangerous instrument in the course of committing any theft or felony.
- Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It is a class 2 felony if committed in a residential structure.
Class 2 felonies can range from 4 to 10 years that depend on the mitigating circumstances of each case. If the burglary charge is aggravated, the sentence can reach up to 12.5 years
Second Degree Burglary 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 any felony therein.
- Burglary in the second degree is a class 3 felony.
This charge carries a possible prison term from 2.5 to 7 years. If there are additional aggravating factors, such as use of a weapon during burglary, or if the offender has previous burglary convictions, the maximum sentence can be as high as 25 years
Third Degree Burglary according to A.R.S. § 13-1506
- A person commits burglary in the third degree 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.
- 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.
- Third degree burglary in Arizona is a class 4 felony.
Such a felony can carry up to 2.5 years in prison, and the sentencing can be increased if the burglary is not the offender’s first conviction.
JacksonWhite Criminal Defense Team
Having an experienced Arizona burglary lawyer can mean the difference between minimum and maximum sentencing. When you work with our award-winning Phoenix criminal defense team you get years of experience on your side. Contact a JW criminal defense attorney if you’ve been charged with burglary in Arizona.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
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