Beyond Breaking and Entering – Arizona Burglary Charges Decoded

Burglary is a serious felony offense in Arizona, with severe consequences that can impact your future. While many assume burglary only applies when someone breaks into a home to steal, Arizona law defines burglary much more broadly.

At Grand Canyon Law Group, we defend clients facing burglary charges across all levels and fight to protect their rights. This guide explains the three degrees of burglary under Arizona law, their penalties, and possible defenses.

What is Burglary Under Arizona Law?

According to Arizona Revised Statutes (ARS § 13-1506, 13-1507, 13-1508), burglary occurs when someone unlawfully enters or remains in a structure, vehicle, or property with the intent to commit a crime inside.

A key distinction is that burglary does not require theft—a person can be charged even if they did not take anything. Prosecutors only need to prove that there was criminal intent upon entry.

The Three Degrees of Burglary in Arizona

The severity of a burglary charge depends on where the alleged crime took place and whether aggravating factors, such as weapons, were involved.

Third-Degree Burglary (ARS § 13-1506) – Class 4 Felony

This is the least severe burglary charge but is still a felony offense.

A person may be charged with third-degree burglary if they unlawfully:

• Enter or remain inside a business or commercial building with intent to commit a crime.
• Enter a fenced commercial or residential yard without permission and with intent to commit a crime.
• Break into a vehicle (car, truck, etc.) with the intent to commit a crime.

Example Scenarios:

• Entering a closed retail store after hours to commit vandalism.
• Jumping over a fence surrounding private property without permission.
• Breaking into a locked car to steal valuables.

Potential Penalties:

• First-time offense: 1.5 to 3 years in prison.
• With prior felonies: Up to 15 years in prison.

Second-Degree Burglary (ARS § 13-1507) – Class 3 Felony

This charge applies when burglary occurs inside a residential structure (someone’s home).

Example Scenarios:

• Entering a house or apartment unlawfully, even if nothing is stolen.
• Hiding inside a residential garage with criminal intent.

Potential Penalties:

• First-time offense: 2.5 to 7 years in prison.
• With prior felonies: Up to 25 years in prison.

Arizona law considers residential burglary more serious than commercial burglary due to the risk to occupants.

First-Degree Burglary (ARS § 13-1508) – Class 2 or 3 Felony

This is the most serious burglary charge in Arizona. It applies when burglary involves:

• A deadly weapon, such as a gun or knife.
• A dangerous instrument, such as a crowbar or screwdriver used as a weapon.

Example Scenarios:

• Breaking into a home while carrying a firearm.
• Entering a business while armed with a weapon.

Potential Penalties:

• If burglary occurs in a home: Class 2 felony, punishable by 5 to 12.5 years in prison.
• If burglary occurs in a business or vehicle: Class 3 felony, punishable by 2.5 to 7 years in prison.

First-degree burglary carries mandatory prison time, meaning probation is not an option if convicted.

How Prosecutors Build a Burglary Case

To convict someone of burglary, the prosecution must prove:

1. Unlawful Entry – The defendant entered or remained in a building, yard, vehicle, or home without permission.
2. Intent to Commit a Crime – The defendant intended to commit a crime inside the property (does not have to be theft).
3. Aggravating Factors (if applicable) – If weapons were involved or if the location was a home, penalties increase.

Defenses Against Burglary Charges

At Grand Canyon Law Group, we build strong defenses to challenge burglary allegations. Some of the most effective legal strategies include:

• No Criminal Intent – Simply entering a property is not burglary unless the prosecution proves criminal intent.
• Mistaken Identity – Many burglary arrests rely on security footage, eyewitness testimony, or circumstantial evidence, which can be inaccurate.
• Consent or Permission – If the accused had the owner’s permission to enter, then burglary charges should not apply.
• Illegal Search & Seizure – If police conducted an unlawful search without a warrant, any evidence they found may be inadmissible in court.

Steps to Take if You Are Charged with Burglary

Burglary is a felony that can result in years in prison and a permanent criminal record. If you or a loved one is facing charges, immediate action is critical.

What to Do If Arrested for Burglary:

• Remain silent and do not answer police questions.
• Do not discuss your case with anyone but your attorney.
• Collect any evidence that proves you were not involved.
• Contact a skilled burglary defense attorney immediately.

At Grand Canyon Law Group, our attorneys have experience as former prosecutors and know how to fight burglary charges effectively.

Why Choose Grand Canyon Law Group?

• Former prosecutors who know Arizona burglary laws inside and out.
• Aggressive defense strategies tailored to your case.
• Proven track record of reducing and dismissing felony charges.
• 24/7 availability for urgent legal matters.
• Personalized attention and a commitment to your defense.

Contact Grand Canyon Law Group Today

Burglary charges can destroy your future if not handled properly. Do not wait to seek legal representation. Contact Grand Canyon Law Group today for a confidential consultation.

📞 Call (480) 573-6441 now to protect your rights and your future.