Phoenix Burglary Charges Defense
The Arizona Laws related to burglary is described as the act of entering a building or other property with the intent to steal something or commit another crime. Arizona Burglary laws the home does not have to be locked and no one needs to be on the property at the time. Additionally, nothing needs to be taken from the property in for you to get arrested and served an Arizona burglary charge.Burglary - Charges and Penalties
If you are under investigation, or have been arrested and charged with burglary in Arizona it is critical for your defense to contact an Arizona burglary lawyer today to discuss your options. It is important that you do not discuss your case with the police before you consult with a criminal defense attorney. You may think that if you just explain the situation or you involvement the matter will just go away. However, the police are trying to gain important information to be used against you, building their case and making their conviction easier to get. Therefore, you should exercise your constitutional right to remain silent, and do not provide any more evidence, verbally or otherwise before you seek the services of an experienced Arizona criminal defense attorney.
A strong criminal defense by an experienced Arizona criminal defense attorney can make the difference between a leniency form the court and a harsh jail or prison sentence. The potential punishment for being convicted of an Arizona burglary charge includes:
- jail or prison time
- forfeiture of property
- restitution of property to the victim
- criminal record that can affect your family, employment, and education.
The Law Office of James Novak has the experience, education, and know-how to provide a strong and immediate Arizona burglary crimes defense. James Novak knows what to evaluate in your Phoenix, Arizona burglary case and how to provide a successful criminal defense.Arizona Laws - Burglary
In Arizona, Burglary is described as entering onto the property of another with the intent to commit any theft or any felony thereon. There are three levels of burglary.
Third degree burglary, defined in A.R.S. 13-1506, is committed by “entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.” Third degree is a class 4 felony in Arizona.
Second degree burglary, defined in A.R.S. 13-1507, is committed “by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.” This is a class 3 felony in Arizona. It is important to note that the only difference is that a second degree burglary is committed on a residential structure, such as a person’s home.
First degree burglary, defined in A.R.S. 13-1508, is committed when a person commits either a second or third degree burglary and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony as described in A.R.S. 13-1508. If the burglary was committed in the third degree pursuant to A.R.S. 13-1506, then the charge is upgraded to a class 3 felony in Arizona. If the burglary committed was second degree pursuant to A.R.S. 13-1507, the charge is upgraded to a class 2 felony.Arizona Criminal Attorney experienced in defending Burglary Crimes.
Regardless of the charge and classification of your case, contact James Novak if you have been arrested for burglary or another property crime. Talk with an Arizona burglary attorney for your free initial consultation. Call our office TODAY at (480) 413-1499 and speak with an experienced Phoenix, Arizona Burglary Defense Attorney.Arizona Laws relating to Burglary
13-1506. Burglary in the third degree; classification
- A. A person commits burglary in the third degree by:
- Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.
- Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.
13-1507. Burglary in the second degree; classification
- A. A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.
B. Burglary in the second degree is a class 3 felony.
13-1508. Burglary in the first degree; classification
- A. A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
B. Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It is a class 2 felony if committed in a residential structure.
13-1505. Possession of burglary tools; master key; manipulation key; classification
Under Arizona law, a person may be in violation of burglary laws for possessing burglary tools under A.R.S. 13- 1506, 1507, and 1508, if they are found to be in the person’s possession with the intent to commit burglary.
In addition, a person may be found guilty of burglary charges if they purchase, transfer, or possession of an automobile key or a master key.B. Subsection A, paragraph 2 of this section does not apply to a person who either:
- Uses a master key in the course of the person's legal occupation, including auto dealers, manufacturers, and key makers, locksmiths, loan and auto finance institutions, law enforcement agencies, and other entities who engage in the lawful making and duplicating keys or locks as part of legal business operations.
Contact Phoenix burglary lawyer James Novak today for a free consultation regarding your Phoenix Arizona Burglary - breaking and entering charges.