What is the legal definition of burglary in Arizona?

Under state law, a prosecutor must prove two separate concepts: (1) an illegal entry into a building, and (2) that the defendant entered with the intent of committing another crime. A simple illegal entry without intent to commit another offense is trespassing, which is a less serious accusation.

How can a Phoenix burglary attorney defend against burglary charges?

A prosecutor must prove that a defendant entered the property with the intent to commit a separate offense, such as theft, assault, or destruction of property. A direct way to dispute a burglary charge is to argue that the entry did not include an intent to commit another offense, which could result in an acquittal or a downgrading of the charge to trespassing. A lawyer may also help by disputing the alleged entrant’s identity, cross-examining a witness’s recollection of events, or pushing for an exclusion of evidence based upon police error.

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Q: What is third-degree burglary in Arizona and what are the penalties?

Third-degree burglary under Arizona Revised Statute § 13-1506 involves allegedly entering a nonresidential structure, a fenced commercial or residential area, or a motor vehicle using a fake key. These offenses are class 4 felonies, and a conviction can bring a mitigated sentence of one year up to an aggravated sentence of 3.75 years. These sentences apply only to people with no prior felony convictions.

Phoenix Burglary Attorney

If you are facing allegations involving burglary, you need to act swiftly to protect your rights and freedom. The state law for burglary is a broad definition. Even if a person enters and commits no other offense, the court could punish them with felony-level sentences.

At Grand Canyon Law Group, a Phoenix burglary lawyer is prepared to fight for you if you are facing charges related to an alleged illegal entry. Our dedicated defense attorneys are former prosecutors who know how to dispute the case against you and aggressively protect your way of life.

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

LEGAL DEFINITION OF BURGLARY

Burglary is an interesting concept under state law in that a prosecutor must prove two entirely separate concepts. Every burglary involves an illegal entry into a building. In addition, a prosecutor must show that the defendant entered the building with the intent of committing another crime. A simple illegal entry is trespassing, a less serious criminal accusation.

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DEGREES OF BURGLARY CHARGES

The severity of a burglary charge depends upon many factors. The lowest level is burglary in the third degree under Arizona Revised Statute § 13-1506. This charge involves a person allegedly entering a nonresidential structure, fenced commercial or residential area, or a motor vehicle using a fake key.

These offenses are class 4 felonies, meaning that a conviction can bring a mitigated sentence of one year up to an aggravated sentence of 3.75 years. It is important to note that these sentences apply only to people with no prior felony convictions. Burglary becomes more serious depending upon the type of property that a person allegedly enters. Class 3 felony charges may follow if the property is a residential dwelling.

BURGLARY IN THE FIRST DEGREE

First-degree charges may apply when a person allegedly commits any burglary with the help of another person. These are class 2 felonies that can bring a mitigated penalty of no less than three years in prison, up to an aggravated penalty of 12.5 years. A Phoenix burglary attorney could provide more information about the degrees of these offenses under state law.

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DEFENDING PHOENIX RESIDENTS FACING BURGLARY CHARGES

Burglary charges can be surprisingly difficult for prosecutors to prove in court beyond a reasonable doubt. This is because of the element of the crime that involves a defendant’s state of mind at the time of the alleged event. A prosecutor must prove that a defendant entered the property with the intent to commit a separate offense, such as theft, assault, or destruction of property.

The most direct way to dispute a burglary charge is to argue that an entry did not include an intent to commit another offense. This could result in an acquittal on a burglary charge or a downgrading of the charge to one involving trespassing.

A skilled lawyer at our firm could also help to defeat the burglary charges outright. This may involve disputing an alleged entrant’s identity, cross-examining a witness’s recollection of events, or pushing for an exclusion of evidence based upon police error.

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REACH OUT TO A PHOENIX BURGLARY ATTORNEY IMMEDIATELY

Every allegation involving an alleged burglary is a serious matter. At the minimum, a conviction is a felony that brings at least a one-year prison sentence. More severe consequences could require a person to serve time in prison for over a decade. It is essential to avoid this outcome by working with aggressive legal counsel from the beginning.

A Phoenix burglary lawyer can mount a defense that aims to avoid these penalties. The team at Grand Canyon Law Group will work with you to ensure that you understand the law and the prosecution’s case against you. We can investigate for evidence to defeat the prosecutor’s case and present a solid case to the court on your behalf. Contact us now to schedule a consultation and discuss your case.