Burglary in Arizona: What You Need to Know About ARS 13-1506, 13-1507, and 13-1508
In the state of Arizona, the crime of burglary occurs when an individual illegally enters the home, farm, commercial structure, or any other form of property, either privately or publicly owned for the purpose of engaging in any type of robbery, theft, or any other felony, related or not to stealing property.
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Burglary is also sometimes referred to by the authorities as “breaking and entering,” and that phrase precisely explains what is at the heart of this crime in most instances.
Burglary is broken down into three distinct types, and with each, there are different convictions, charges, penalties, fees, and more.
- First-degree burglary: This is when the perpetrator of the crime enters the property s/he intends to steal from or harm whilst wielding either what the state of Arizona considers a “dangerous instrument” or a deadly weapon — or even, in some cases, explosives, grenades, Molotov cocktails, or anything else that might do substantial damage to the property.
- Second-degree burglary: In this instance, the perpetrator has entered the property unlawfully, but has not done so with any weapon, dangerous instrument, or the like.
- Third-degree burglary: In this instance, the perpetrator, rather than entering a home, barn, or other such structure, has instead opted to illegally make his or her way into the private or commercial yard, such as a trucking yard, for example, with the intent of stealing an automobile, motorcycle, truck, tractor, or other motorized devices for which s/he may already have the key to or the means by which to make its engine turn over.
Penalties and Sentencing for First-Degree Burglary
It’s important to note that if a first-degree burglary occurred within a residential structure, such as a home where a family was dwelling, this burglary is charged as a class 2 felony.
As such, the following are the sentencing guidelines for First-Degree Class 2 Burglary:
- For first-time offenders with no prior felonious history, sentencing can range from probation and 0 days to 1 year in jail, or, in more egregious cases, judges may more likely rule for the more severe sentencing, which is between a minimum of 3 years in prison to a maximum of 12.5 years in prison.
- For defendants with one single other prior conviction of a felony nature, probation and jail options are taken off the table — and what remains are options for a minimum of 4.5 years in prison up to a maximum of 23 years in prison.
- If the defendant facing these new charges also has 2 prior felony convictions of any kind, only prison will be offered. Sentencing guidelines are a minimum of 10.5 years in prison up to a maximum of 35 years in prison.
Sentencing for First-Degree Burglary that Did Not Occur in or Near a Residential Structure
First-degree burglary charges that involve non-residential structures such as cow pins, water towers, commercial property that has been secured shut, or any other type of facility where people are not likely to be residing or sleeping, is considered a class 3 felony, which carries with it the following penalties and sentencing guidelines:
- For those who have an otherwise clean criminal record and no felonies to speak of, sentencing can range from probation to 0 days up to 1 year in jail, or, in more serious cases, and based upon the judgment of the court, sentencing may be as high as a minimum of 2 years in prison and a maximum of 8.75 years in prison.
- If the defendant had a single other prior conviction, s/he will not be eligible for probation or jail, only prison, for which the term will be a minimum of 3.5 years to a maximum of 16.26 years in prison.
- If the defendant facing the first-degree burglary charges now has 2 previous convictions on his or her record, again, probation and/or jail will not be an option, only prison, for which the sentence will be a minimum of 7.5 years and a maximum of 25 years.
Second-Degree Burglary Sentencing
In the offense of Second-Degree Burglary, the charge is a Class 3 Felony.
- For defendants with no prior criminal history to speak of, sentencing for second-degree burglary is between 0 days and 1 year in jail, or, in some instances when the crimes were more extreme, the judge may request the stricter sentencing, which for first-time offenders is between a minimum of 2 and a maximum of 8.75 years in prison.
- For defendants who have one prior conviction on their record, the sentence increases, making the defendant ineligible for probation or jail—only prison for a minimum of 3.5 years and a maximum of 16.25 years.
- For those defendants with two prior convictions, the sentence heightens again, this time to a minimum of 7.5 years and a maximum of 25 years in prison.
Third-Degree Burglary Sentencing
Third-Degree Burglary is generally charged as a Class 4 Felony and, as such, carries with it the following penalties and sentencing guidelines:
- For first-time offenders with no prior criminal record, the judge may likely order a more lenient sentence of probation with 0 days to 1 year in jail. On the other hand, if the circumstances surrounding the crime were more serious, the judge may instead choose to go with the harsher sentence, which is a minimum of 1 year in prison and a maximum of 3.75 years in prison.
- For those with a single other prior conviction on their record, third-degree robbery charges are not eligible for probation or jail sentencing, only prison. Incarceration can last for a minimum of 2.25 years and a maximum of 7.5 years.
- For offenders with two previous convictions on their records, again, probation and jail time come off the table, and prison is the only option. The minimum sentence is 6 years, with a maximum of 15 years in prison for third-degree burglary.
Burglary Charges Require a Criminal Defense Attorney Who Understand Criminal Law — and Who Wants to Get to Know Your Case.
At the Law Firm of Daniel Hutto, we pride ourselves on taking the absolute best care of the clients we serve — and we have the successful track record to prove it, too. But right now, it’s not about us or our accolades — about the fear you’re feeling — wondering what will happen to your family should you be incarcerated, and a million other stressors you just don’t need right now.
At Hutto, we practice a holistic approach to law: we take care of the whole person, the whole case, and the whole family involved in each matter we handle. By doing this, we have found that we’re most successful — both in and out of the courtroom.
When it comes to breaking and entering charges in the state of Arizona, many viable defenses can work beautifully depending on the surrounding circumstances of your unique case. Because each case is different, there’s no way for us to know exactly how we can put a plan of action together for you specifically until we’ve had the chance to sit and talk with you — so let’s do just that!
Give our friendly and knowledgeable staff a call to set up your completely free legal consultation, where we’ll happily answer every question you have, give you an idea of what things look like from our perspective, and begin to pull together a winning defense with your help and our guidance.
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