Introduction
In Arizona, burglary is a felony offense that can have severe repercussions for an alleged offender if convicted. Under Arizona law statutes §13-1501 to §13-1508, burglary is defined as the act of entering or remaining in or on a residential or nonresidential structure or residential or commercial yard with the intent to commit a theft or felony offense.
Burglary laws in Arizona are strict, and a person only needs to have acted “with intent” to be convicted of burglary. A conviction can even occur if a person unlawfully enters a private structure but did not steal anything. Frequently, burglary is charged along with criminal trespassing, which results in multiple charges against the defendant. If convicted of burglary, the crime carries minimum sentencing of one year in prison.
If you are facing a burglary conviction in Arizona, know that legal help is available. The experienced Peoria burglary lawyers at JacksonWhite Law have helped countless people navigate the complex legal system and will build a strong defense for your case to increase your odds of a favorable outcome.
Burglary Laws in Peoria
Arizona classifies burglary offenses by three separate charges, including first-degree, second-degree, and third-degree burglary.
First-degree Burglary
A person commits first-degree burglary if he or she enters or remains in a building, structure, or property while knowingly possessing a deadly weapon, a dangerous instrument, or explosives. If committed in a residential structure, the charge is a Class 2 felony. If burglary is committed in a nonresidential structure or a residential or commercial fenced yard, it is a Class 3 felony.
Second-degree Burglary
Second-degree burglary occurs when a person unlawfully enters or remains in a residential structure with the intent to commit a theft or any felony offense. A second-degree burglary charge is considered a Class 3 felony.
Third-degree Burglary
Third-degree burglary happens when a person unlawfully enters or remains in a nonresidential structure or a residential or commercial fenced yard with the intent to commit a theft or felony offense. This degree of conviction also includes entry into any part of a motor vehicle by either a master key or manipulation key and with the intent to commit a theft or felony offense. Third-degree burglary is a Class 4 felony.
Burglary Penalties in Peoria
Sentencing for a burglary crime in Arizona is dependent on the classification of the offense. First-degree burglary that takes place on residential property may result in 7 to 21 years in prison, while first-degree burglary that occurs on commercial property results in 2 to 7 years in prison.
Second-degree burglary carries a minimum of 2 years in prison with a maximum of 8.75 years. However, sentencing is based on whether the crime was violent or non-violent. With a third-degree burglary conviction, the penalty is a minimum of 1 year in prison and a maximum of 3.75 years. If you are caught in possession of a burglary tool, it is considered a Class 6 felony and carries a punishment of 4 months to 2 years in prison.
Defenses for Burglary in Peoria
The right defense strategy can make or break your case. With the help of a qualified Peoria burglary lawyer, you can build a defense that can be used to challenge your charges. The type of defense chosen will depend on the unique circumstances surrounding your case. Some of the most common arguments used for burglary cases include:
- Errors in facts
- Lack of intent
- Violation of Miranda Rights
- Unwarranted search and seizure
- Mishandling of evidence
- Justification defenses
- Violation of state statutes
- No probable cause for arrest
- Violation of Constitutional rights
- Violation of police procedures
- Insufficient evidence
- Failure to meet the burden of proof
Call the Peoria JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
