What is Burglary in Arizona?

In Arizona, per ARS 13-1506, ARS 13-1507 and ARS 13-1508, “Burglary”  (also known as “breaking and entering”) occurs when a person enters or unlawfully remains on a property with the intent to commit any type of Theft or felony therein. Burglary in the “First Degree” occurs when a person possesses a deadly weapon or dangerous instrument (or an explosive) during the Burglary. Burglary in the “Second Degree” occurs when a person has merely entered a residential structure without a deadly weapon. Burglary in the “Third Degree” occurs when a person has entered a fenced commercial or residential yard, or has made entry into a motor vehicle by means of manipulation of the key or master key.Possible Punishment for Burglary (ARS 13-1508) / Breaking and Entering

First Degree Burglary –  if it occurred in a residential structure , it can be charged as a class two (2) felony.

For a first offense class two (2) felony , punishment can be:

• Probation with zero (0) days in jail up to one (1) year in jail; or prison of three (3) years to twelve and one half (12.5) years of incarceration.
• If the person has one (1) allegeable historical prior conviction, then the “prison only” range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison.
• If the person has two (2) allegeable historical prior convictions, then the “prison only” range is ten and one half (10.5) to thirty-five (35) years of incarceration.

First Degree Burglary –  which occurred in a non-residential structure or a fenced commercial or residential yard, then this can be charged as a class three (3) felony.

First offense class three (3) felony, punishment can be:

• Probation with zero (0) days in jail up to one (1) year in jail; or prison range of two (2) years to eight and three quarters (8.75) years in prison.
• If the person has one (1) allegeable historical prior conviction then the “prison only” range is three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration.
• If the person has two (2) allegeable historical prior convictions, then the “prison only” range is seven and one half (7.5) years to twenty-five (25) years of incarceration.

Second Degree Burglary –  the case can be charged as a class three (3) felony.

For a first offense class three (3) felony, punishment can be:

• Probation with zero (0) days in jail up to one (1) year in jail; or prison range of two (2) years to eight and three quarters (8.75) years in prison.
• If the person has one (1) allegeable historical prior conviction then the “prison only” range is three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration.
• If the person has two (2) allegeable historical prior convictions, then the “prison only” range is seven and one half (7.5) years to twenty-five (25) years of incarceration.

Third Degree Burglary –  the case can be charged as a class four (4) felony.

For a first offense class four (4) felony, punishment can be:

• Probation with zero (0) days in jail up to one (1) year in jail; or prison of one (1) year to three and three quarters (3.75) years of incarceration.
• If the person has one (1) allegeable historical prior conviction, then the “prison only” range is two and one quarter (2.25) years to seven and one half (7.5) years of incarceration.
• If the person has two (2) allegeable historical prior convictions, then the “prison only” range is six (6) years to fifteen (15) years of incarceration.

Possible Defenses for Burglary (ARS 13-1508) / Breaking and Entering

The most often seen defense to Burglary is “Lack of Intent”. This defense is accomplished by demonstrating that although a person may have been in a place where they did not have permission, they were not there with the intent to commit a felony. This shifts the serious charge of Burglary down to the less serious charge of Trespass. Another defense is demonstrating “Mistake of Fact”. This sometimes occurs when a person has been drinking, or they are unfamiliar with an area, and they accidentally walk into the wrong apartment or household.

Another defense is demonstrating that the Defendant was merely on another person’s property in order to seek permission to use the telephone or garner some other type of assistance, but the owner of the property called the police before the Defendant had a chance to explain himself. It is important to interview all witnesses involved and produce documentation of the Defendant’s good character in order to demonstrate that the case does not warrant being charged as a Burglary.

The “Common Defenses” for Burglary, which a Burglary Lawyer may apply in any criminal case are numerous and diverse. One of most common defenses we encounter is a “Miranda rights Violation”. In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “Voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, “Denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their Attorney, but is denied and questioning continues.

Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis/”cloning hard drive” procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Burglary Lawyer to defend you who has knowledge of both the specific defenses and the common defenses involved in a Burglary case.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Phoenix Defense Attorney and a Certified Criminal Law Defense Specialist , per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers® . At DM  Cantor , the majority of our Attorneys are ex-Prosecutors, and all of our Phoenix Defense Attorneys know the system well.

Why Hire a Board Certified Criminal Defense Attorney?

When facing charges related to burglary in Arizona, the expertise of a Board Certified Criminal Law Specialist is paramount to ensure a strong defense and favorable outcome. The intricate nature of burglary crimes demands specialized knowledge that goes beyond general criminal defense practice. Engaging the services of a Phoenix burglary lawyer, such as those at DM Cantor, means entrusting your case to legal professionals who possess an in-depth understanding of Arizona’s burglary laws and an extensive track record in defending against theft-related offenses.

Burglary charges can have profound consequences, ranging from criminal penalties to lasting damage to your personal and professional reputation. A Board Certified Criminal Law Specialist is well-equipped to analyze the circumstances surrounding your case, scrutinize the evidence, and identify potential defenses specific to burglary charges. Their expertise extends to assessing the elements required to establish burglary in Arizona, ensuring that your defense strategy is tailored to the unique aspects of your case. By hiring a specialist, you gain access to a wealth of experience that can make the difference between a successful defense and enduring the potential repercussions of a burglary conviction.

A criminal defense lawyer who specializes in burglary cases possesses a comprehensive understanding of the nuances involved in burglary charges. Burglary laws vary, and proving intent and circumstances can be complex. A Phoenix burglary lawyer from a reputable firm like DM Cantor is dedicated to safeguarding your rights, navigating the intricacies of the legal process, and advocating for your best interests. With your future at stake, entrusting your defense to a Board Certified Criminal Law Specialist maximizes your chances of achieving a positive outcome and minimizing the impact of burglary charges on your life.