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ARIZONA BURGLARY ATTORNEY

Burglary is a very serious charge where those charged face a real risk of serving a lengthy prison sentence.  Under A.R.S. 13-1506, 1507 and 1508 (Arizona Burglary Statutes), a person who enters or unlawfully remains on a property with the intent to commit any type of theft or felony therein.  There are multiple degrees of Burglary:

 

First Degree Burglary- If the offense occurs in a residential structure and accused possesses a deadly weapon or dangerous instrument (Class 2 Felony). Possible Punishment:

  • First offense: Probation with up to 1 year in jail.  If prison is ordered then between 3-12 years in prison;
  • 1 Historical Prior Felony Conviction: Between 4.5-23.25 years in prison;
  • 2 Historical Prior Felony Convictions: Between 10.5-35 years in prison.

 

First Degree Burglary– If the offense occurs in a non-residential structure or a fenced commercial or residential yard and accused possesses a deadly weapon or dangerous instrument (Class 3 Felony). Possible Punishment:

  • First offense: Probation with up to 1 year in jail.  If prison is ordered then between 2-8.75 years in prison;
  • 1 Historical Prior Felony Conviction: Between 3.5-16.25 years in prison;
  • 2 Historical Prior Felony Convictions: Between 7.5-25 years in prison.

 

Second Degree Burglary– If the offense occurs in a residential structure without a deadly weapon (Class 3 Felony). Possible Punishment:

  • First offense: Probation with up to one year in jail.  If prison is ordered then between 2-8.75 years in prison;
  • 1 Historical Prior Felony Conviction: Between 3.5-16.25 years in prison;
  • 2 Historical Prior Felony Convictions: Between 7.5-25 years in prison.

 

Third Degree Burglary– If the offense occurs in a fenced or residential yard, or in a motor vehicle by means of manipulation of the key or master key (Class 4 Felony).Possible Punishment:

  • First offense: Probation with up to one year in jail.  If prison is ordered then between 1-3.75 years in prison;
  • 1 Historical Prior Felony Conviction: Between 2.25-7.5 years in prison;
  • 2 Historical Prior Felony Convictions: Between 6-15 years in prison.

Have you been arrested? Do you need help avoiding jail time?