Burglary Sentencing

AZ Burglary Sentencing | Burglary Classifications | Sentencing Charts | Burglary Penalties

All Arizona burglary charges are classified as felonies. This means that most burglary convictions will result in felony sentences beginning with an average of a one year prison term. The length of prison time will increase upwards based on the severity of the burglary charges. This is especially the case if a deadly weapon such as a gun or explosive was used; or was known to be in the defendant’s or accomplice’s possession at the time of the burglary.

Burglaries charges can range from Class 6 (least severe) to Class 2 (most severe) as outlined in “A.R.S.13-1601 A” of Arizona criminal code (cited in part):

• Class 2 felony: “Burglary in the first Degree” (residential) (A.R.S. 13-1508)
• Class 3 felony: “Burglary in the second Degree” (A.R.S. 13- 1507)
• Class 3 felony: “Burglary in the first Degree” (commercial) (A.R.S. 13-1508)
• Class 4 felony: “Burglary in the third Degree” (A.R.S. 13- 1506)
• Class 6 felony: “Possession of Burglary Tool…” (A.R.S. 13- 1505)

Arizona sentencing laws for burglary can be found under A.R.S. Chapter 7 SENTENCING AND IMPRISONMENT 13- 701 through 13-706 and would be based on the classification of charges and circumstances surrounding the charges and conviction. A Sentencing guideline chart for felonies involving burglaries can be found in A.R.S 13-703 (first time offenses), 703 (repeat offenses) 704 (dangerous offenses) . An extended chart can also be found at the AZcourt.gov website under criminal guidelines. Here are some simplified guidelines for first time offenses only:

• First Degree Burglary: Prison Term: Minimum 7 years / Maximum 21 years
• Second Degree Burglary: Prison Term: Minimum 2 years/ Maximum 8.75 years
• Third Degree Burglary: Prison Term: Minimum 1 year/Maximum 3.75 years
• Burglary Tool Possession: Prison Term: Minimum .33 year/Maximum 2 years

*Note: The above prison terms are extended beyond these maximums for repetitive offenses and specific aggravating factor. These extended terms can increase to maximums of 35 years in prison for two or more aggravating factors.

Penalties ordered by the judge for a burglary conviction are determined based on the minimum sentencing guidelines for a classification in addition to a host of other factors. Those factors include but are not limited to the following:

• Other mitigating or aggravated factors
• Nature of the burglary;
• Whether it was violent or non-violent;
• Whether anyone such as a victim or witness sustained injury or death;
• Nature and value of property, if any stolen during the burglary;
• Physical damage to the property due to forced entry or during the burglary;
• Whether the property burglarized was commercial or residential (residential property burglarized carries more serious penalties);
• Whether or not a gun or other deadly weapon was used;
• Other crimes that were committed simultaneously with the burglary;
• Initial offense verses a repeat offense. Repeat offenses carry more severe penalties;
• Prior Criminal Record of the defendant;

The consequences of a burglary conviction include but are not limited:

• At least one year in prison up to lifetime imprisonment;
• Property forfeiture;
• Financial restitution to victims;
• Long Term Felony Criminal Record;
• Exorbitant fines and fees;
• Probation eligible in limited cases

If you are being investigated or have been arrested for burglary charges in Arizona, you should contact an experienced criminal lawyer who defends burglary charges in Arizona as soon as possible. These are serious charges which can result in life altering consequences. James Novak of the Law Office of James Novak will personally provide you with a free initial consultation for active burglary charges. If retained he will immediately begin working on your case to provide a strong defense and be your voice through the criminal justice system. He will protect your rights; make sure you are treated fairly; fight to get the charges dismissed; reveal and present any mitigating factors; attempt to reduce the charges or sentencing; and make every effort to get the best possible outcome in your case. If you face charges for burglary call the Law Office of James Novak at (480) 413-1499 now!

*The Law Office of James Novak defends cases in Maricopa County, including Phoenix AZ. Mesa AZ. Tempe AZ. Chandler AZ, Gilbert AZ, Scottsdale AZ, and surrounding cities.