What Are the Degrees of Burglary in Arizona?

There are three degrees of burglary you may face in Arizona. An arrest for burglary occurs when law enforcement believes they have probable cause to charge you with unlawfully entering a structure to commit theft or a felony. Forceful entry need not happen, and you will likely face other related charges.

The Suzuki Law Offices team has former investigative law enforcement on our staff, possessing insight into how using evidence against you may secure a conviction. A Phoenix burglary defense lawyer working for you will use our team’s insight and legal knowledge to fight the charges against you. Suzuki Law Offices is your voice in action, helping you understand the degrees of burglary and what a conviction can mean for you.

Burglary in the Third Degree

All charges of burglary are felony offenses. The least severe burglary charge you may face is third-degree burglary. You may face charges with this degree of burglary in Arizona by committing the following acts:

• Unlawfully entering into or remaining in a fenced commercial or residential yard or into a nonresidential structure while intending to commit a felony or theft.
• Unlawfully entering anywhere into a motor vehicle by using a manipulation key or master key while intending to commit a felony or theft inside the motor vehicle.

Even the least severe degree of burglary carries a severe penalty. Third-degree burglary is a Class 4 felony. When facing felony charges, you need Suzuki and the experience of a burglary defense lawyer in Phoenix with our firm.

Burglary in the Second Degree

You may face charges of burglary in the second degree for unlawfully entering into or remaining in a residential structure while intending to commit a felony or theft in that space. Second-degree burglary is a more severe offense than third-degree burglary. The two degrees of burglary differ in the type of structure entered into or remained in with the intent to commit a felony or theft.

For example, burglary in the second degree results from entering a residential space as opposed to a vehicle or business structure. A Phoenix theft crimes lawyer can explain the differences and their potential outcomes, offering sound defenses on your behalf. We are available 24/7, even on weekends, to provide the critical support and representation you deserve.

A conviction of burglary in the second degree is a Class 3 felony. An attorney with our team will strive to identify weak evidence. Continually addressing critical questions in your defense allows us to seek lesser charges in your case, even having a case dismissed by providing a relentless defense.

Burglary in the First Degree

The most severe consequences result from charges and a conviction of first-degree burglary. Possessing a deadly weapon, explosives, or a harmful instrument is used while engaging in burglary. Mitigating prison sentences accompanying a conviction is rare because of the dangerous nature of the offense.

It may be possible to negotiate probation or participation in a diversion program instead of a prison sentence with second and third-degree burglary charges. However, because of the degree of severity involved in burglary in the first degree, expect to face mandatory prison time. 

Entering into or remaining in a nonresidential structure, fenced residential yard, or fenced commercial yard to commit burglary in the first degree is a Class 3 felony. The charges increase to a Class 2 felony when entering a residential structure. A Phoenix criminal defense lawyer can challenge opposing evidence to protect against mandatory sentencing when possible. 

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Sentencing for the Degrees of Burglary in Arizona

Each felony class has terms providing minimum, presumptive, and maximum imprisonment times. Factors that attest to your character, age, and mental capacity to understand the impact of burglary and conform to societal expectations may allow for mitigated jail times, providing a lesser imprisonment term. First-time felony offenders may face the following imprisonment terms for these felony classes in a burglary charge:

• Class 4 felony: One year to 33 months
• Class 3 felony: Two years to eight years and nine months
• Class 2 felony: Three years to 12.5 years

Aggravating factors that make a burglary charge more severe may increase a prison sentence. Aggravating and mitigating factors play a significant role in sentences for burglary offenses. Contacting a Phoenix burglary defense attorney as soon as possible allows us to craft a unique defense specific to your charges and these factors. 

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Proving Burglary in Arizona

Being arrested for burglary in Arizona does not point to the existence of sound evidence of a crime, but rather, there is enough reason to believe that you committed burglary. The burden of proof of the degrees of burglary in Arizona rests on the prosecution to prove the elements of burglary. As former prosecutors, we have a knowledgeable expectation of the prosecution’s plan in which they must demonstrate the following:

• You entered the property without the owner’s approval by either breaking and entering or walking in without authorization. You may also gain access to the property through constructive breaking or nonphysical means such as blackmail.
• Your entry into the structure or motor vehicle was unauthorized. Proving burglary often focuses on physically entering a structure. 
• You intended to commit a theft or felony. Proving intention to commit a crime is critical to a burglary conviction.

Failing to prove these elements of burglary may not meet the standard of proof necessary for a guilty verdict. Furthermore, our experienced theft crime lawyers in Arizona will seek out weaknesses in the case against you. A burglary defense attorney in Phoenix with our firm will treat your case with dignity, fighting for your defense with the integrity it deserves. 

Invest in Your Phoenix Burglary Defense and Future

Schedule a free consultation with a Phoenix criminal defense attorney at Suzuki Law Offices to discuss the degrees of a burglary charge. Once you sign on with our firm, you will receive an email containing information about your attorney and contacts to assist you. At Suzuki Law Offices, we treat our clients like you would treat your family. 

Call or text 602-682-5270 or complete a Free Case Evaluation form