Burglary Laws and Penalties in Phoenix, AZ

Burglary Laws and Penalties in Phoenix, AZ

Getting charged with burglary in Phoenix can be scary. The laws are complicated, and the penalties are serious. This article will explain the different types of burglary charges in Arizona, the penalties you may face, and some tips on building your defense. We’ll also look at real cases to see how these laws apply in the real world.

What is Burglary in Arizona?

Burglary is when someone enters a building or property illegally with the intent to commit a crime inside (usually theft). The crime of burglary is about the illegal entry – not the other crime committed inside. For example, if someone breaks into a home to steal jewelry, they can be charged with both burglary and theft.

Arizona divides burglary into three degrees, from least to most serious:

• Third-degree burglary (ARS §13-1506)
• Second-degree burglary (ARS §13-1507)
• First-degree burglary (ARS §13-1508)

The degrees are based on what type of building was entered and whether a weapon was involved. Harsher penalties apply to higher degrees.

Third-Degree Burglary

Third-degree burglary is the least serious burglary charge in AZ. It happens when someone enters or remains in a non-residential structure illegally with intent to commit a crime inside[1].

Some examples are:

• Breaking into an office to steal computers
• Using a fake key card to enter a hotel room to steal jewelry
• Entering a shed in someone’s backyard to look for valuables

Third-degree burglary is a Class 4 felony[4]. The potential penalties include:

• 1.5 to 3 years in prison
• Up to 3.75 years if aggravated
• Fines up to $150,000

Second-Degree Burglary

Second-degree burglary happens when someone enters or remains in a residential structure illegally with intent to commit a crime inside[5].

Examples are:

• Breaking into someone’s home to steal a TV
• Sneaking into an apartment to take cash
• Using a fake key to enter a condo and take jewelry

Second-degree burglary is a more serious Class 3 felony[5]. Potential penalties include:

• 2.5 to 7 years in prison
• Up to 8.75 years if aggravated
• Fines up to $150,000

First-Degree Burglary

First-degree burglary is the most serious charge. It happens if someone commits second or third-degree burglary while also:

• Knowingly possessing a deadly weapon or dangerous instrument
• Knowingly possessing explosives

Examples are:

• Breaking into a home with a gun to steal a TV
• Entering a business with a knife to take money from the register
• Using explosives to blow open a safe inside a store

First-degree burglary is a Class 2 felony[1], the second most serious felony in AZ. Potential penalties include:

• 5 to 15 years in prison
• Up to 21 years if aggravated
• Fines up to $150,000

Aggravating Factors

Burglary sentences can be even longer if certain aggravating factors are present. These include things like[1][5]:

• Prior felony convictions
• Elderly victim (over 65)
• Victim under 15 years old
• Committing the burglary as part of a criminal street gang
• Causing over $1,000 in damage during the burglary

Defenses to Burglary

Some common defenses to fight burglary charges include:

• No intent to commit a crime – If you entered a building or property but didn’t intend to commit a crime inside, you aren’t guilty of burglary. For example, maybe you went into an unlocked shed while looking for a lost pet.
• Mistake of fact – If you had a good faith mistaken belief you were allowed inside or didn’t know the building was residential, you may not be guilty. For example, you thought you had the owner’s permission.
• Intoxication – Voluntary intoxication could negate the intent required for burglary. However, this rarely succeeds as a full defense.
• Duress – If you only committed the burglary because someone threatened you, you may have a duress defense.
• Entrapment – If police improperly encouraged or coerced you into committing the burglary, you could argue entrapment.

Recent Burglary Cases in Phoenix

Looking at real-life burglary cases can help explain how these laws apply:

State v. Davis

Mr. Davis broke into a Phoenix home and stole two laptops while the owner was away. He was caught soon after with the laptops still in his car.

Since he illegally entered a residential structure and stole property inside, Mr. Davis was charged with:

• Second-degree burglary (Class 3 felony)
• Theft (Class 6 felony)

He pleaded guilty and was sentenced to 3 years in prison plus probation.

State v. Rodriguez

Ms. Rodriguez used a crowbar to pry open the door of a local small business at night. She took cash from the register and several expensive tools.

She was charged with:

• Third-degree burglary (Class 4 felony)
• Theft (Class 4 felony)
• Criminal damage (Class 2 misdemeanor)

Ms. Rodriguez took a plea deal and got 1 year in county jail plus restitution.

State v. Stevens

Mr. Stevens broke into a Phoenix law office at night wearing a mask and carrying a handgun. He stole three laptops and vandalized some of the offices.

He was charged with:

• First-degree burglary (Class 2 felony) – committed third-degree burglary while armed
• Aggravated robbery (Class 3 felony) – theft with a deadly weapon
• Criminal damage (Class 2 misdemeanor)

Mr. Stevens went to trial but was found guilty. He was sentenced to 8 years in prison.

Get a Strong Defense Against Burglary Charges

As you can see, burglary charges in Arizona are complicated, but the penalties are extremely serious – especially for higher degrees. If you or a loved one is facing a burglary accusation in Phoenix, don’t leave your defense to chance. Contact a skilled criminal defense lawyer right away to start building your case. An experienced attorney can thoroughly examine the evidence, identify any police mistakes, and raise strong defenses to get charges reduced or dismissed. With the stakes this high, you need an aggressive lawyer fighting for you every step of the way.