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Are you facing burglary charges in Arizona?
The Law Office of William L. Morris can help you defend your burglary case and protect your constitutional rights. Dial 480-372-8887 or connect online now for a free, 24/7 consultation. Let’s discuss your unique case, answer your questions, and ease your worries. Don’t delay—start your defense today.
What is Burglary?
Burglary is a serious crime in Arizona, and it can carry severe penalties, including long prison sentences, restitution, large fines, and community service. Burglary is defined as entering or remaining unlawfully in a building or other structure with the intent to commit a crime.
There are three degrees of burglary in Arizona:
- First-degree burglary as set forth in [A.R.S. § 13-1508] which states: A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony. Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It is a class 2 felony if committed in a residential structure.
- This is the most serious type of burglary, and it is punishable by a prison sentence of up to 21 years if committed in a residential structure, or 15 years if committed in a nonresidential structure or a fenced commercial or residential yard. Probation is NOT available if you are convicted at trial of burglary in the first-degree.
- Second-degree burglary as set forth in [A.R.S. § 13-1507] which states: 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. Burglary in the second degree is a class 3 felony punishable by up to 8.75 years in prison.
- This type of burglary is punishable by a prison sentence of up to 15 years. Second-degree burglary occurs when the defendant enters a building or other structure with the intent to commit any crime other than a dangerous crime.
- Third-degree burglary as set forth in [A.R.S. § 13-1506] which states: A person commits burglary in the third degree by either: 1.) 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. and/or 2.) 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. Burglary in the third degree is a class 4 felony and is punishable by a prison sentence of up to 3.75 years.
What is The Most Serious Form of Burglary in Arizona?
The most serious form of burglary in Arizona is first-degree burglary, according to Arizona law [ARS §13-1508]. Here is what that is classified as according to Arizona law:
- Committing a second or third-degree burglary.
- Knowing you have an explosive, deadly weapon, or dangerous tool while committing the crime.
If you or someone with you holds, carries, or controls an explosive, deadly weapon, or dangerous tool, it counts as possession. A “dangerous tool” could be anything that, if used or threatened to be used, could seriously hurt or even kill a person.
If this crime happens inside of someone’s home, it is treated as a Class 2 felony – which is a very serious charge. If it happens in a place that’s not inside someone’s home, like a fenced business or residential yard, it’s a Class 3 felony, which is slightly less serious of a crime.
Example: If a person breaks into a dwelling with a gun, they would be charged with first-degree burglary. Even if they did not use said gun, the mere possession of it would make the burglary a much more serious crime.
How long can you go to jail for burglary in Arizona?
The length of time you can go to jail for burglary in Arizona depends on the severity of the burglary and your criminal history. Here are the possible jail sentences for each degree of burglary in Arizona:
- First-degree burglary: 4.5 to 12.5 years in prison.
- Second-degree burglary: 2.5 to 7.5 years in prison.
- Third-degree burglary: 1.5 to 3 years in prison.
Here are some factors that can affect the length of your jail sentence for burglary in AZ:
- Your criminal history.
- The severity of the burglary.
- Whether the burglary was aggravated.
- Whether you cooperated with the police.
- Whether you have any prior convictions for burglary.
- Whether you have any other criminal charges pending against you.
If you are facing any type of burglary charges in Arizona, it is very important to speak with an experienced criminal defense attorney in your area as soon as possible. An attorney can help you understand the charges against you and develop a defense strategy.
What are the Defenses to Burglary?
There are a number of defenses that can be used in a burglary case. Some of the most common defenses include:
- Lack of intent: The defendant did not have the intent to commit a felony nor theft when they entered the building, yard or other structure.
- Mistake of fact: The defendant mistakenly believed that they had the right to enter the building or other structure.
- Entrapment: The defendant was induced by the police to commit the burglary.
- Exclusionary rule: The evidence against the defendant was obtained in violation of their constitutional rights.
What Should I Do If I Have Been Charged with Burglary in Phoenix, Scottsdale, Gilbert, Chandler, Mesa Arizona?
If you have been charged with burglary, it is important to speak with an experienced criminal defense lawyer as soon as possible. An experienced lawyer will be able to assess the facts of your case and develop a strong defense.
The Law Office of William L. Morris has a proven track record of success in burglary cases. We will work tirelessly to build a strong defense for you, and we will work tirelessly for you every step of the way.
We understand that being charged with burglary can be a stressful and overwhelming experience. We are here to help you through this difficult time. We will answer all of your questions, and we will keep you informed of every step of the process.
We offer a free initial telephone consultation to discuss your case. During your consultation, we will assess the facts of your case and discuss your options. We will also answer any questions you have about the charges against you and the legal process.
GET THE HELP YOU NEED – DAY OR NIGHT, AVAILABLE 24/7: (480) 372-8887
IN SCOTTSDALE, ARIZONA
When you’re accused of burglary, you may feel as though the system was created to punish and prosecute you without due process. Attorney William Morris knows that not everyone charged with a crime is guilty. He understands that everyone, regardless of circumstance, deserves to have a strong advocate on their side. Don’t face the criminal justice system on your own. Call or stop by our office today to begin a free case consultation. Together, we can fight for your freedom.
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