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
First-degree Burglary
Burglary in its purest sense occurs when someone intentionally enters or remains within a building, structure, or property while carrying a deadly weapon, dangerous instrument, or explosives with them. If committed in a residential structure it is classified as a Class 2 felony while any crime perpetrated against nonresidential structures (or commercial fenced yards) would fall under Class 3 category.
Second-Grade Burglary
A second-degree burglary occurs when an individual unlawfully enters or remains within a residential structure with the intent to commit theft or any felony offenses, classed as Class 3 felonies.
Third-degree Burglary
Third-degree burglary refers to unlawfully entering or remaining within any nonresidential structure or commercial fenced yard with intent of committing theft or another criminal act, or entering any part of a motor vehicle using master keys or manipulation keys with this intention in mind. Third-degree burglary is considered a Class 4 felony offense.
Burglary Penalties in Peoria
Sentencing for burglary crimes in Arizona depends upon their classification.
First-degree burglary on residential property may result in a prison sentence ranging from 7-21 years, while commercial property crimes such as first-degree burglary will receive prison terms between two and seven years.
Second-degree burglary carries a minimum prison sentence of 2 years and up to 8.75 years; its exact length depends on whether or not the crime involved violent behavior.
Third-degree burglary convictions carry minimum mandatory prison sentences of 1 year with maximum sentences reaching 3.75 years.
Possession of burglary tools is considered a Class 6 felony, carrying with it an imprisonment sentence ranging from four months to two years in jail.
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) 418-4281 to discuss your case today.
