{"id":371493,"date":"2017-08-19T14:22:01","date_gmt":"2017-08-19T19:22:01","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arizona-law\/arizona-burglary-laws.html"},"modified":"2026-01-15T09:19:19","modified_gmt":"2026-01-15T14:19:19","slug":"arizona-burglary-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arizona-law\/arizona-burglary-laws.html","title":{"rendered":"Arizona Burglary Laws"},"content":{"rendered":"\n
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Arizona Burglary Laws<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Arizona burglary laws cover the crime of unlawfully entering or remaining in or on another person\u2019s structure, fenced yard, or property with the intent to commit a theft or felony. There are three degrees of burglary with different penalties ranging from prison time and hefty fines to mandatory restitution for victims.<\/p>\n\n <\/div>\n\n\n\n

Hollywood movies often glamorize the crime of burglary<\/a>, with portrayals of masked bandits scaling the walls of a museum or breaking into an impenetrable vault in someone\u2019s home. In real life, the circumstances of most burglaries are far from glamorous.<\/p>\n

Arizona<\/span> law defines burglary as the unlawful entry<\/span> onto another person\u2019s property with the intent to commit a theft or other felony offense<\/a>. Arizona<\/span>\u2019s burglary laws<\/span> don\u2019t require that the crime occur at night or for the thief to break into a person\u2019s home.<\/p>\n

This article explains how Arizona<\/span>\u2019s burglary laws<\/span> work, including the penalties and defenses to this crime. If you\u2019re facing burglary charges<\/span> in the State of <\/span>Arizona<\/span>, contact a local criminal defense attorney<\/span><\/a> right away. Things can move quickly after an arrest, and having an attorney by your side may help you avoid a burglary conviction<\/span>.<\/p>\n

How Does Arizona<\/span> Law Define Burglary?<\/h2>\n

To secure a burglary conviction<\/span> in Arizona<\/span>, the state must prove each element of the offense beyond a reasonable doubt. If the prosecutor cannot prove that the defendant entered the structure unlawfully, a conviction for burglary is unlikely.<\/p>\n

Arizona<\/span> law defines burglary<\/a> as unlawfully entering (or remaining in) a structure or fenced yard with the intent to commit any theft or felony. The state doesn\u2019t have to prove that the burglar actually committed a theft<\/a> or felony once inside the structure. The prosecutor only has to demonstrate that the defendant intended to commit a theft or a felony.<\/p>\n

Like most other states, Arizona<\/span> categorizes burglary into three degrees. The specific degree depends on the type of structure the defendant entered (residential or commercial) and whether they used a deadly weapon<\/span><\/a> or dangerous instrument<\/span>. Burglary is not considered a misdemeanor<\/span> offense in Arizona<\/span>.<\/p>\n

We will discuss the three classifications<\/span> and degrees of burglary<\/span> in more detail below.<\/p>\n

First-Degree Burglary<\/span><\/h3>\n

First-degree burglary<\/span> constitutes a Class 3<\/span> felony<\/a> in Arizona<\/span> if it involves a defendant who enters a nonresidential or commercial structure and who has the intent to commit a theft or felony while carrying a deadly weapon<\/span> or dangerous instrument<\/span>. It is a Class 2<\/span> felony if it is committed in a residential structure.<\/p>\n

The Arizona<\/span> Revised Statutes<\/span><\/a> for first-degree burglary<\/span> impose a prison term<\/span> of between three to 12 1\/2 years in state prison. Defendants guilty of this crime will also face fines of up to $100,000 and be required to pay restitution.<\/p>\n

A person may face an enhanced sentence of up to 23 years in prison if they have prior convictions<\/span> or other aggravating factors<\/a> are present. An example of burglary in the first degree would be someone who breaks into a person\u2019s home, intending to steal the owner\u2019s electronics while carrying a gun.<\/p>\n

Second-Degree Burglary<\/span><\/h3>\n

The key difference between a first- and second-degree burglary<\/span><\/a> in Arizona<\/span> is the type of structure the defendant enters and whether the defendant used a deadly weapon<\/span>.<\/p>\n

To convict someone of burglary in the second degree, the state must prove both of the following:<\/p>\n