Property Crimes

Burglary

Understanding ARS Burglary: ARS 13-1506 _ ARS 13-1507 _ ARS 13-1508

Facing Arizona burglary charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.

This guide provides a detailed overview of the burglary ARS laws.

It explains:

  • ARS Burglary 1stDegree: ARS 13 1508
  • ARS Burglary 2ndDegree: ARS 13 1507
  • ARS Burglary 3rdDegree: ARS 13 1506

Along with key terms, this guide provides insight into the sentencing guidelines for each type of burglary. It also answers frequently asked questions about your charges.

Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with ARS burglary, consult with a qualified Phoenix burglary lawyer as soon as possible.

What is ARS Burglary?

Burglary in Arizona is defined as the unlawful entry into or remaining in any structure or property with the intent to commit a theft or any other felony. Burglary ARS laws divide the crime into different degrees, but the key component is the intent to commit a crime while unlawfully in a structure or property.

This means that you can be charged with ARS burglary even if you didn’t actually steal or commit a felony while unlawfully in the building. If the prosecution can prove that you had the intent to do so, you can be convicted under burglary ARS laws.

ARS Burglary 3rd Degree: ARS 13-1506

ARS burglary 3rd degree, under ARS 13 1506, is the least serious type of burglary under Arizona law. Third-degree burglary involves illegally entering or remaining in:

  • A non-residential structure (such as a shed, garage, or other non-dwelling structure).
  • A fenced commercial or residential yard.
  • A motor vehicle, using a manipulated or master key.

The key element of the charge is the intent to commit a theft or felony while inside these places. The intent to commit a crime is enough for a conviction. ARS burglary third degree is a Class 4 felony.

ARS Burglary 2nd Degree: ARS 13-1507

ARS burglary 2nd degree, under ARS 13 1507, involves unlawfully entering or remaining within a residential structure—a home, apartment, or other dwelling—with the intent to commit a theft or felony.

The presence of the intent to commit a crime, even if a theft or felony didn’t occur, is enough for a conviction under this burglary statute. ARS burglary residential breaking and entering is a Class 3 felony.

ARS Burglary 1st Degree: ARS 13-1508

ARS burglary 1st degree, under ARS 13 1508, is considered an aggravated form of burglary. It occurs when someone commits either second-degree or third-degree burglary and, in the process, knowingly possesses explosives, a deadly weapon, or a dangerous instrument while committing a theft or any felony.

The location of the crime significantly impacts the charge.

  • If a first-degree burglary occurs in a residential structure, it’s a Class 2 felony.
  • If a first-degree burglary occurs in a non-residential structure or a fenced commercial or residential yard, it’s a Class 3 felony.

The presence of a weapon or dangerous instrument significantly increases the severity of the offense.

A related offense is ARS unlawful use of means of transportation, defined in ARS 13-1803. ARS unlawful use of means of transportation involves either knowingly taking control of someone’s vehicle without permission or being in a vehicle you know or have reason to know is stolen. This crime is different from ARS theft of means because it doesn’t involve the intent to permanently deprive the owner of the vehicle.

Sentencing for ARS Burglary:

The penalties for Arizona burglary are severe and vary based on the specific charge, your criminal history, and the circumstances of the crime. The following table summarizes the potential consequences for each type of offense:

Burglary Degree Location Felony Class Prison Range (Years) Probation (Max)
3rd degree Non-residential structure, fenced yard, vehicle Class 4 1 to 3.75 4 years
2nd degree Residential structure Class 3 2 to 8.75 5 years
1st degree (Non-Residential) Weapon: non-residential structure, fenced yard, vehicle Class 3 2 to 8.75 5 years
1st degree (Residential) Weapon: residential structure Class 2 3 to 12.5 7 years

Frequently Asked Questions:

Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.

Key Takeaways:

  • Definition of ARS Burglary: Breaking and entering Arizona laws cover unlawful entry into a building or onto property with the intent to commit theft or any felony while there.
  • Different Cases of Arson:
    • ARS 1stDegree Burglary (ARS 13 1508): Aggravated burglary with a weapon or explosives.
      • Residential: Class 2 felony
        • Prison: 3 – 12.5 years
        • Probation (max): 7 years
      • Non-residential: Class 3 felony
        • Prison: 2 – 8.75 years
        • Probation (max): 5 years
      • ARS 2ndDegree Burglary (ARS 13 1507): Burglary of a residential structure.
        • Class 3 felony
        • Prison: 2 – 8.75 years
        • Probation (max): 5 years
      • ARS 3rdDegree Burglary (ARS 13 1506): Burglary of non-residential structures, fenced yards, or vehicles.
        • Class 4 felony
        • Prison: 1 – 3.75 years
        • Probation (max): 4 years

 

  • Intent is Key: The intent to commit a crime, either theft or any other felony, while unlawfully in a structure or on property is enough for a conviction. It doesn’t matter if no theft or felony actually occurs.

Next Steps:

Burglary in Arizona is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.

If you’re facing ARS burglary charges, engaging a skilled burglary lawyer Phoenix is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.

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