Arizona Burglary Laws

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

Arizona law defines burglary as the unlawful entry onto another person’s property with the intent to commit a theft or other felony offense. Arizona’s burglary laws don’t require that the crime occur at night or for the thief to break into a person’s home.

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

How Does Arizona Law Define Burglary?

To secure a burglary conviction in Arizona, 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.

Arizona law defines burglary as unlawfully entering (or remaining in) a structure or fenced yard with the intent to commit any theft or felony. The state doesn’t have to prove that the burglar actually committed a theft or felony once inside the structure. The prosecutor only has to demonstrate that the defendant intended to commit a theft or a felony.

Like most other states, Arizona 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 or dangerous instrument. Burglary is not considered a misdemeanor offense in Arizona.

We will discuss the three classifications and degrees of burglary in more detail below.

First-Degree Burglary

First-degree burglary constitutes a Class 3 felony in Arizona 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 or dangerous instrument. It is a Class 2 felony if it is committed in a residential structure.

The Arizona Revised Statutes for first-degree burglary impose a prison term 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.

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

Second-Degree Burglary

The key difference between a first- and second-degree burglary in Arizona is the type of structure the defendant enters and whether the defendant used a deadly weapon.

To convict someone of burglary in the second degree, the state must prove both of the following:

• The defendant entered a residential structure
• The perpetrator intended to commit a theft or another felony offense

There’s no need to prove the defendant used any weapon, deadly or otherwise.

In Arizona, second-degree burglary is classified as a Class 3 felony. It carries a prison sentence of up to eight and three-quarters years in prison and fines of up to $100,000. The court may also order the defendant to pay restitution to the victim(s). An example of burglary in the second degree would be an individual entering a stranger’s home (without a weapon) with the intent of sexually assaulting the property owner.

Third-Degree Burglary

The least serious burglary offense in Arizona is third-degree burglary. This crime involves a person entering (or remaining in) a non-residential structure, motor vehicle, or fenced yard without permission, with the intent to commit a theft or felony.

The key element of third-degree burglary is that the defendant trespasses in a structure that is not residential. Any case involving entry into a residential structure qualifies as either first or second-degree burglary.

This crime is a Class 4 felony, which carries a potential prison term of between one to three and three-quarters years and a fine of up to $100,000. As with any other burglary, the defendant may also have to pay restitution to the victim(s).

Separate Crime of Possession of Burglary Tools

Arizona Revised Statutes maintains a separate statute for possession of burglary tools. You don’t have to commit burglary to face this charge. The only requirement is that you possess the tools typically used in burglary.

Burglary tools can include (but are not limited to) the following:

• Explosives
• Hammers
• Screwdrivers
• Crowbars
• Lock picks
• Ski masks
• Master key
• Wire cutters

In Arizona, this crime constitutes a Class 6 felony, which carries the following penalties:

• First offense: A possible prison sentence of four months to two years
• With a prior felony conviction: Nine months to two and three-quarters years in prison
• With two or more prior felonies: A prison term of two and a quarter to five and three-quarters years

If the defendant is also facing another form of burglary charge, the penalty becomes five and three-quarters years.

Defenses to Burglary in Arizona

The punishments for burglary in Arizona can be severe, especially for first-degree burglary. It’s crucial to have an experienced criminal defense lawyer by your side to help craft a strong defense strategy.

Some of the more common burglary defenses include:

• Permission to enter/consent
• The building was not a “structure” under Arizona law
• Lack of intent
• Coercion
• Duress
• Entrapment
• Mistake of fact

This is not an exhaustive list. Whether a defense applies will depend on the specifics of each case.

The Crime of Burglary and Aggravating Factors

Each felony classification for burglary has a minimum and maximum sentencing range. Prosecutors determine the degree of felony based on the type of place the defendant burglarizes. Burglary of a non-residential structure, a fenced commercial yard, or a fenced residential yard is a Class 3 felony. The burglary of a residential structure is a Class 2 felony.

Arizona law considers burglary a serious offense in its sentencing guidelines. In addition to the classification of the felony, other issues can impact the defendant’s prison sentence. These issues are called aggravating factors.

Some of the aggravating factors judges use during sentencing include:

• Using a deadly weapon
• The presence of an accomplice
• Injury to victims
• Nature of the felony the defendant intends to commit (or actually commits) once inside the structure, yard, or motor vehicle
• Prior criminal history

Aggravating factors will almost always increase the severity of the penalties.

Disclaimer: State laws change frequently due to new legislation, higher court rulings, and other means. While FindLaw strives to provide the most current information, contact a local criminal defense lawyer to confirm your state laws.

Charged With Burglary? Talk to a Criminal Defense Attorney Today

Burglary is a complex crime with stiff penalties. Being accused of a crime doesn’t necessarily mean the court will find you guilty. A criminal defense attorney will work hard to poke holes in the state’s case. If you’re facing burglary charges, an experienced attorney at a local law office that specializes in criminal law can review your burglary case and help determine the best way to proceed.