Phoenix Burglary Lawyers

What are Burglary Charges in Arizona?

Burglary, a serious offense in Arizona, involves entering or remaining unlawfully in a structure with the intent to commit theft or any felony therein. Feldman & Royle, with their expertise in Arizona law, emphasize the importance of understanding the nuances of burglary charges, which can vary significantly based on the circumstances and the specific actions of the accused.

Burglary Crime under Arizona Law – ARS: 13-1505

Arizona law categorizes burglary into different degrees, with each carrying its own set of legal implications and potential consequences. Feldman & Royle highlight that while burglary is often associated with theft, the intent to commit any felony upon unlawful entry can constitute a burglary charge. This includes first-degree burglary (involving the use or possession of a weapon), second-degree burglary (entering or remaining in a residential structure), and third-degree burglary (entering a non-residential structure or a fenced commercial or residential yard).

Your Rights in Arizona Burglary Cases

If you are facing Arizona burglary charges, it’s crucial to understand your rights. Feldman & Royle advises that you have the right to legal representation and should seek an experienced Phoenix burglary lawyer handling such cases under Arizona law. You are entitled to due process, which includes the right to a fair trial, the opportunity to challenge any evidence against you, and the presumption of innocence until proven guilty.

Penalties for Burglary in Arizona

Burglary is taken very seriously under Arizona law, with significant penalties that vary depending on the degree of the offense. If you’re facing burglary charges in Phoenix, Arizona, understanding the legal consequences and the specifics of how burglary is defined can help you navigate the legal process more effectively.

Arizona Revised Statutes (§13-1506 to §13-1508) classify burglary into three degrees:

• Third-Degree Burglary (ARS §13-1506): This involves unlawfully entering or remaining in a non-residential structure or fenced commercial yard with the intent to commit a theft or felony. It also includes unlawful entry into a motor vehicle. This is a Class 4 felony, punishable by 1 to 3.75 years in prison, depending on prior criminal history.
• Second-Degree Burglary (ARS §13-1507): This occurs when someone unlawfully enters or remains in a residential structure with the intent to commit theft or a felony. This is a Class 3 felony, carrying a potential sentence of 2 to 8.75 years.
• First-Degree Burglary (ARS §13-1508): This is the most serious form of burglary and involves unlawfully entering any structure while knowingly possessing a deadly weapon or explosive. If it involves a non-residential structure, it is a Class 3 felony, and if it involves a residential structure, it becomes a Class 2 felony, punishable by 3 to 12.5 years in prison.
  

Aggravating Factors That Can Increase Penalties

The penalties for burglary in Arizona may increase based on:

• Use or possession of weapons
• Prior felony convictions
• Whether someone was present in the building
• Resulting harm to others or damage to property
  

In Phoenix, prosecutors aggressively pursue burglary convictions, especially in cases involving violence or repeat offenders. A conviction can lead not only to incarceration but also to fines, probation, restitution, and a permanent felony record.

Hire a Phoenix Burglary Attorney

Defenses against burglary charges can vary widely depending on the nature of the offense. At Feldman & Royle, our Phoenix criminal defense attorneys often explore defenses such as challenging the evidence of intent to commit a felony, questioning the legality of any search or seizure that led to the discovery of evidence, or negating the unlawful entry aspect of the charge. In some cases, demonstrating a lack of intent or that the entry was lawful can be key to the defense.