Burglary Charges in Phoenix, Arizona

You can be charged with burglary in the state of Arizona if you enter someone's property without their permission, with the intent of committing theft or any other felony. Even if you do not steal anything, you can still be charged with burglary as simply entering someone's property with the intent of doing something will make you a suspect.

Burglary charges can be cited in the first degree, second degree or third degree, depending on the severity of the violation, the least serious of them being burglary in the third degree. Whether you are charged with burglary in the first, second or third degree, it is classified as a felony, therefore a burglary charge should not be taken lightly.

Burglary in the third degree - When a person unlawfully enters a non residential structure or a fenced commercial yard and remains there with the intent to commit a theft or felony, it is considered burglary in the third degree. If the person tries to enter a motor vehicle using any kind of manipulation with the intent to steal something or commit a felony in the motor vehicle, that will also be considered burglary in the third degree. Burglary in the third degree is a class 4 felony.

Burglary in the second degree - Burglary in the second degree is similar to burglary in the third degree, the only difference being that the person enters a residential structure unlawfully and stays there with the intent to commit theft or any felony. Burglary in the second degree is a class 3 felony.

Burglary in the first degree - A more serious crime, burglary in the first degree is when a person violates the provisions of either burglary in the second or third degree and knowingly possesses a deadly or dangerous weapon such as a gun or explosives. If a burglary in the first degree is committed against a commercial or non residential structure, it will be charged as a class 3 felony, whereas it will be charged as a class 2 felony if the crime is committed in a residential structure.

The person can also be charged with possession of burglary tools, which is a class 6 felony.

Most burglary cases may also be citied with Criminal Trespass. The penalties for different degrees of burglaries vary in the state of Arizona which are given below:

Penalties for Class 4 felony - Anyone charged with a Class 4 felony could face a jail term of 1.5 years to 3 years. The felon may be eligible for probation in the case of a first offense. In case of repeat offenses, the jail sentence increases, 3 years to 6 years with one historical prior and 8 years to 12 years with two historical priors.

Penalties for Class 3 felony - Penalties for Class 3 felony include a jail term of 2.5 years to 7 years with probation eligibility in case of a first offense. In case of repeat offenses, the jail sentence increases to 4.5 years to 13 years with one historical prior and 10 years to 20 years with two historical priors.

Penalties for Class 2 felony - Penalties for Class 2 felony can include jail sentence of 4 years up to 10 years with probation eligibility for a first offense. A second offense can include jail sentence of 6 years to 18.5 years and 14 years to 28 years in case of two historical priors.

Burglary in Arizona can have other consequences apart from serving prison time and include fines, forfeiture of property, restitution to the victim, and not to forget a permanent criminal record for the person charged with burglary.

Remember that a person can be found guilty of burglary even if the property, motor vehicle or premises was not locked. Even if you do not take anything from the premises, it can still lead to a burglary charge. Simply entering the property with the intent to steal or commit any other crime is enough to be charged with burglary.

Defending Phoenix Burglary Charges

A burglary charge in the state of Arizona is a criminal offense if convicted, which is why it is necessary that you get legal help from an experienced Phoenix burglary attorney. The law enforcement officers will try their best to intimidate you into talking, but you must know that if you talk, you can incriminate yourself in ways you may not even be aware of. If you are facing a burglary charge, you have the right to remain silent so you do not incriminate yourself. Avoid talking as much as you can and you must ask to speak with your attorney in private so you can discuss your case with them. Remember, that only a qualified Arizona criminal defense lawyer will be able to fight your case and secure your future.