Burglary

Burglary Charges in Arizona

Burglary charges in Arizona are divided into four classifications: possession of burglary tools, burglary in the third degree, burglary in the second degree, and burglary in the first degree.

Possession of Burglary Tools

Under A.R.S. § 13-1505, a person commits possession of burglary tools by either possessing any explosive, tool, instrument or other article adapted or commonly used for committing any burglary and intending to use or permit the use of such an item in commission of a burglary or buying, selling, transferring, possessing or using a motor vehicle manipulation key or master key, unless in the course of the person’s lawful business or occupation. Possession of burglary tools is a class 6 felony. Sentencing for a class 6 felony depends on a variety of factors.

Burglary in the Third Degree

Under A.R.S. § 13-1506, a person commits burglary in the third degree by either 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 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 is a class 4 felony. Sentencing for a class 4 felony depends on a variety of factors.

Burglary in the Second DegreeArrested for Burglary in Phoenix

Under 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. Second degree burglary is a class 3 felony. Sentencing for a class 3 felony depends on a variety of factors.

Burglary in the First Degree

Under A.R.S. § 13-1508, a person commits burglary in the first degree if such person or an accomplice commits a burglary pursuant to §§ 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. First degree burglary of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. First degree burglary of a residential structure is a class 2 felony. Sentencing for class 3 and class 2 felonies depend on a variety of factors.

Facing burglary charges in Arizona? You’ll need experienced representation from a Phoenix criminal defense attorney. Contact us today for a free consultation.

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