Definition of Burglary

“Burglary” is described under Arizona Law A.R.S. 15 “CRIMINAL TRESPASS AND BURGLARY” 13-1501 to 13-1508 as (paraphrased) as entering or remaining in or on a nonresidential or residential structure or fenced commercial or residential yard with the intent to commit any theft or any felony therein. In Arizona, the description of burglary actually varies depending on the classification of the burglary charged. The burglary laws are strict in that the accused merely needs to have acted “with intent”, of burglarizing, even if they unlawfully entered into a building, or area, but took nothing.

Burglary Laws in Arizona under A.R.S. 15 13-1501 to 13-1508 are considered serious offenses in Arizona and looked upon as “victim crimes” or crimes against a victim. All burglaries are classified as felonies in Arizona. If convicted, minimum burglary sentencing starts on average with one year in prison and increases to extended prison terms depending on the classification and circumstances. Burglary charges range from Class 6 felonies (least severe) to Class 2 felonies (most severe):

• A.R.S. 13-1505: Possession of burglary tools; Class 6 Felony
• A.R.S. 13-1506: Third Degree Burglary; Class 4 Felony
• A.RS. 13-1507: Second Degree Burglary; Class 3 Felony
• A.R.S. 13-1508 First Degree Burglary; Class 3 Felony (commercial) or Class 2 Felony (residential).

Below are some additional facts concerning Arizona Burglary Laws A.R.S. 15 13-1501 through 13-1509:

• In Arizona burglarizing a personal residence (Class 2 felony) is more serious than burglarizing a commercial building (Class 3 felony);
• In Arizona, a person may be charged or arrested for burglary even if nothing was stolen, but “intended” to steal something by means of entry or staying in a building, structure, or fenced in commercial or residential yard.
• To be charged with burglary, the residence, commercial building or area, does not have to be locked;
• To be charged with burglary, no one needs to be home or in the structure that is being burglarized;
• Burglary is often coupled with Criminal Trespassing for multiple charges against the defendant;
• The most severe classification of burglary is burglary in the first degree. This is burglary which involves possession or use of explosives; a deadly weapon such as a firearm or other dangerous instrument involved with the burglary;
• The person or accomplice involved in the burglary must have “knowledge” that they are in possession of explosives, a deadly weapon, gun or other dangerous instrument in order to be charged with burglary in the first degree.

If you face burglary charges of any kind, you should consult the Law Office of James Novak, as soon as possible. James Novak is an experienced criminal defense lawyer who defends felonies including burglaries on a regular basis. He is a former prosecutor and experienced trial defense lawyer. He will provide you with a free consultation, concerning your charges. Once retained, he will immediately begin tailoring and building a strong defense on your behalf. Serious charges require a solid defense by an experienced trial lawyer. The Law Office of James Novak will protect your rights, make sure you are treated fairly, make every effort to get unjust charges dismissed, and work hard to keep you out of prison. If you face charges for burglary call the Law Office of James Novak at (480) 413-1499 now!