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Burglary Laws in Arizona

The laws governing property crimes in the state of Arizona can result in serious penalties including incarceration, restitution, fines, community service and professional counseling. Property crimes in Arizona range from misdemeanor theft crimes such as shoplifting to major felonies such as trafficking in stolen property and residential burglary. 

At MayesTelles PLLC, we understand the gravity of burglary charges and the potential consequences they carry. Our experienced team of attorneys is dedicated to providing comprehensive legal representation to individuals facing such allegations. We work tirelessly to investigate the circumstances surrounding the case, strategize the best defense, and advocate vigorously on behalf of our clients in Arizona courts.

MayesTelles PLLC can help with your burglary case, call (602) 428-7104 now!

In and of itself, burglary can be committed in one of three degrees:

  • Third degree burglary (A.R.S. §13-1506):
    • Committed by entering or remaining in a nonresidential structure with the intent of committing a crime inside
    • Gaining entrance to any part of a motor vehicle using a manipulation or master key
    • Class 4 felony, punishable by 1.5 to 3 years in prison, or up to 3.75 years for an aggravated offense
  • Second degree burglary (A.R.S. §13-1507):
    • Committed by entering or remaining in a residential structure with the intent of committing a crime inside
    • Class 3 felony, punishable by 2.5 to 7 years in prison, or up to 8.75 years for an aggravated offense
  • First degree burglary (A.R.S. §13-1508):
    • Any of the above offenses where the offender knowingly possesses explosives, a deadly weapon or a dangerous instrument during the act
    • Class 3 felony in nonresidential structures; class 2 felony in residential structures

Anyone who has been wrongfully arrested for a burglary offense must hire a defense lawyer immediately. The longer you wait to retain an attorney, the less time can be dedicated to building your defense, so call MayesTelles PLLC today if you are facing charges.

Burglary vs. Robbery

While many people use burglary and robbery interchangeably, they are actually separate crimes.

Burglary involves the unlawful entry into a structure with the intent to commit a theft or any felony therein. First-degree burglary involves entering a residential structure with the intent to commit a theft or felony therein, while second-degree burglary involves entering any other type of structure (non-residential) with the same intent.

On the other hand, robbery is the act of taking or attempting to take something of value from another person or persons by force, threat, or intimidation. It involves direct interaction with the victim and the use or threat of force to steal property.

What is the Difference Between Burglary & Trespassing?

Trespassing involves knowingly entering or remaining unlawfully on someone else's property without permission. Unlike burglary, trespassing doesn't require the intent to commit a separate crime while on the property.

Trespassing can be charged as either a misdemeanor or a felony in Arizona, depending on various factors such as prior offenses, whether the trespasser was carrying a weapon, and the degree of damage or harm caused. In contrast, burglary is a more serious offense compared to trespassing and is typically charged as a felony.

Burglary Defense Strategies

In order to prosecute someone for burglary, it has to be proven that the defendant had the intent to commit a crime once they entered into the building. Proving the intent of another person makes prosecution difficult, but brings about an opportunity for a successful defense. Some strategies that we use when defending clients against burglary charges include:

  • Showing a lack of intent
  • Casting doubt on the prosecution
  • Challenging evidence
  • Put together your 'story' using truth and facts in the case
  • Determining whether a denial, admission or confession would help the case
  • Negotiating plea bargains if necessary

In order to better your chances of success in your burglary case, seek representation from an experienced theft attorney in Phoenix. MayesTelles PLLC has handled countless burglary cases and we can help you!

Get Legal Representation from a Burglary Attorney in Phoenix Today, Call (602) 428-7104!

At the criminal defense firm of MayesTelles PLLC, we are experienced in successfully representing clients who have been charged with property crimes such as burglary, criminal trespass and criminal damage

With our knowledge of the law and commitment to protecting our clients' rights, we strive to achieve the most favorable outcome possible, whether through negotiation, litigation, or alternative resolution methods. When you're facing burglary charges, you don't have to navigate the legal system alone. Let us stand by your side and guide you through this challenging time with confidence and determination.

If you have been arrested or charged with a burglary in Arizona, contact a Phoenix burglary lawyer from our firm to discuss your case or legal issue.

We've Won Thousands of Cases

  • Client Charged with Four Felony Counts

    Our client, Ms. D., was charged with two counts of forgery - a class 4 Felony as well as theft - a class 2 Felony and also fraudulent schemes and artifices - a class 2 Felony. We were able to get her conviction reduced to a class 6 undesignated felony with the opportunity to reduce further to a misdemeanor. Location: Maricopa County Superior Court

  • Multiple Felony Theft Offenses

    Our client, Mr. C., was charged with Theft of Means of Transportation (Class 3 Felony) and Trafficking in Stolen Property (Class 3 Felony). Both class 3 felonies have a possible sentencing range of 2 - 8.75 years in prison. We were able to get our client's charge reduced to a Class 1 Misdemeanor with no jail time. Location: Maricopa County Superior Court

  • Client Faced Felony Burglary Charge

    Our client was charged with class 3 felony burglary. We were able to get this charge completely dismissed.

  • Trafficking in Stolen Property (Felony 3)

    Our client was charged with Trafficking in Stolen Property, a Felony 3. We were able to get the charge reduced to a Felony 6 offense.

  • Client Charged with Shoplifting

    Our client, Ms. H., was charged with shoplifting - a class 1 misdemeanor. We were able to get her conviction set aside. Location: Phoenix Municipal Court

  • Felony 3 Theft Offense

    Our client was charged with Theft of Means of Transportation, a Felony 3 in Arizona. MayesTelles was able to achieve a case dismissal.

Why Choose MayesTelles PLLC?

  • Nearly 200 Years of Combined Experience
  • Thousands of Cases Successfully Handled
  • Voted Top 100 Trial Lawyers
  • Available to Our Clients 24/7
  • Former Prosecutors & Law Enforcement
  • AV Preeminent Rated Attorneys

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