What mitigating and aggravating factors can affect a burglary sentence in Arizona?

Mitigating and aggravating factors can reduce or increase an individual’s sentence. Mitigating factors can include the defendant’s age, expression of remorse, aiding an injured victim, playing a minor role in the burglary, and participating under duress. Arizona recognizes at least 27 aggravating factors, including anything the prosecutor deems relevant. Examples listed include causing serious injury or using or threatening to use a deadly weapon, committing the burglary in a cruel or heinous way, unusual physical/emotional/financial harm to the victim, having a felony record in the past ten years, being paid to commit the burglary, and having an accomplice participate.

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Q: What is third-degree burglary in Gilbert, Arizona, and what class felony is it?

Under Arizona Revised Statutes § 13-1506, third-degree burglary can apply when someone without permission intentionally enters a commercial structure or the fenced yard attached to a commercial or residential structure to commit a felony or steal something. A person can also be charged if they break into a motor vehicle to steal something or commit a felony. Third-degree burglary is a Class Four felony.

Q: What is second-degree burglary in Arizona and what penalties can apply?

Second-degree burglary is a Class Three felony and can be charged if someone intentionally breaks into and enters a residential structure to commit theft or any felony. A residential structure does not have to be inhabited nor fixed to a foundation and could be a motor home. Generally, the sentencing range for a Class 3 felony is between two years and eight years and nine months with no priors, but the courts can classify a second-degree burglary as a dangerous offense and impose a maximum penalty of 15 years in prison.

Q: What is first-degree burglary in Arizona and how much prison time can it carry?

First-degree burglary is a Class Two felony. It occurs when someone commits a second or third-degree burglary but chooses to take along and keep control of explosives or any weapon capable of causing death or severe injury. Depending on mitigating and aggravating circumstances and whether the accused is a repeat offender, the sentence can be anywhere between seven to 35 years in prison.

Q: What defenses can be used against burglary charges in Gilbert?

An attorney can argue that the nature of the alleged offense does not fall within the state’s definition of burglary. If the defendant is not in a building, yard, residence, or motor vehicle unlawfully, the case could be dismissed. If the defendant did not intend to commit a theft or felony, the charges could be reduced to trespassing or dismissed.

Gilbert Burglary Attorney

Breaking and entering, or burglary, is a serious crime in Arizona. There are three degrees of burglary charges, each carrying a felony designation and prison time.

If you have been accused of breaking and entering, you need a competent Gilbert burglary lawyer on your side. Your freedom depends on having a strong defense, so work with attorneys you know you can trust. Our team at Grand Canyon Law Group has years of experience defending cases like these and will fight tirelessly on your behalf. Call to learn more.

For a free legal consultation with a burglary lawyer serving Gilbert, call 480-400-5555

THIRD-DEGREE BURGLARY IS A CLASS FOUR FELONY IN GILBERT

When someone without permission intentionally enters a commercial structure or the fenced yard attached to a commercial or residential structure to commit a felony or steal something, they meet the requirements of third-degree burglary according to Arizona Revised Statutes § 13-1506. A person can also be charged with burglary if they break into a motor vehicle to steal something or commit a felony.

Third-degree burglary is a Class Four felony. The minimum sentence for a first-time offender is one year in prison. With one prior conviction, the minimum sentence is two years and three months, and with two or more priors, the minimum mitigated sentence is six years.

The maximum sentence considering aggravating factors is three years nine months with no priors, seven years six months with one prior, and 15 years in prison with at least two priors.

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MITIGATING AND AGGRAVATING FACTORS

There are certain factors, called mitigating and aggravating factors, that can reduce or increase an individual’s sentence for a certain offense. Mitigating factors can include the defendant’s age, expression of remorse, aiding an injured victim, playing a minor role in the burglary, and participating under duress. Arizona recognizes at least 27 aggravating factors, and one of them is anything the prosecutor deems relevant. Some aggravating factors include:

The perpetrator caused serious injury to someone or used or threatened to use a deadly weapon
The burglary was committed in a cruel or heinous way
The physical, emotional, or financial harm to the victim was unusual
The defendant had a felony record in the past ten years
The defendant was paid to commit the burglary
An accomplice participated in the burglary

The above reasons are a few the judge can use to increase a prison sentence. A skilled criminal defense attorney in Gilbert can counter these aggravating factors with mitigating circumstances or build a credible argument to refute them.

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SECOND-DEGREE BURGLARY IS A CLASS THREE FELONY

People can be charged with second-degree burglary, a Class Three felony, if they break into and enter a residential structure to commit theft or any felony intentionally. A residential structure does not have to be inhabited nor fixed to a foundation and could be a motor home.

Generally, the sentencing range for a Class 3 felony is between two years and eight years and nine months with no priors. However, the courts can classify a second-degree burglary as a dangerous offense and impose a maximum penalty of 15 years in prison. If the accused uses a dangerous weapon to commit a second-or-third-degree burglary, the charges will escalate to first or second-degree burglary. A Gilbert attorney can help an individual understand the specific burglary charges they are facing.

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FIRST-DEGREE BURGLARY IS A CLASS TWO FELONY

First-degree burglary is a Class Two felony. This offense occurs when someone commits a second or third-degree burglary but chooses to take along and keep control of explosives or any weapon capable of causing death or severe injury. Depending on mitigating and aggravating circumstances, and if the accused is a repeat offender, the sentence for first-degree burglary can be anywhere between seven to 35 years in prison.

DEFENSES TO BURGLARY CHARGES IN GILBERT

An attorney can often defend against burglary charges by arguing that the nature of the alleged offense does not fall within the state’s definition of burglary. If the defendant is not in a building, yard, residence, or motor vehicle unlawfully, the case could be dismissed. If the defendant did not intend to commit a theft or felony, the charges could be reduced to trespassing or dismissed. A knowledgeable Gilbert burglary attorney will investigate all facets of a client’s case and work to develop a robust defense on their behalf.

A GILBERT BURGLARY ATTORNEY PUTS CLIENTS FIRST

Breaking into a structure could lead to felony charges and prison time. If you are facing charges of this nature, you need an advocate who will put you first and defend your rights. To discuss your case and your defense options with a Gilbert burglary lawyer, contact our office today. A dedicated member of our team can assess your case and help you move forward toward a positive resolution.

Call or text 480-400-5555 or complete a Free Case Evaluation form