Burglary is treated by state law, law enforcement authorities, and court officials as a much more severe offense than simple theft. Every degree of burglary defined in the Arizona Penal Code is classified as a felony, which means a conviction even as a first-time offender could lead to years in state prison. There are even greater potential penalties for those charged with repeat offenses.
Regardless of your criminal history, you need legal representation from the dedicated attorneys at Grand Canyon Law Group to fight for a positive outcome. By retaining a Tolleson burglary lawyer, you can give yourself a better chance of preserving your way of life and protecting your future.
The least severe version of burglary defined under the state Penal Code is burglary in the third degree. According to Arizona Revised Statutes §13-1506, a person commits this offense if they enter or remain unlawfully inside a fenced yard or a nonresidential structure with the intent to commit any act of theft or felony. Alternatively, burglary can involve entering a motor vehicle by using a master or manipulation key with the intent to commit an offense.
Third-degree burglary is a class 4 felony. The sentencing range for a convicted first-time offender is one year with mitigating circumstances to 3.75 years with aggravating circumstances. As our Tolleson burglary attorneys can explain, repeat felony offenders are subject to increased sentencing ranges—2.25 to 7.5 years for someone with one prior conviction, and six to 15 years for someone with two or more.
A.R.S. §13-1507 defines second-degree burglary as someone entering or remaining unlawfully inside a residential structure while intending to commit a theft or felony offense inside. Since this charge is a class 3 felony, the sentencing range for a first-time offender is two to 8.75 years, depending on mitigating or aggravating circumstances.
The sentencing ranges for second-degree burglary are harsher for repeat offenders. Someone with one prior felony conviction on their record may face between 3.25 and 16.25 years for a second-degree burglary conviction. Someone with more past convictions could be subject to between 7.5 and 25 years in prison. When the stakes are this high, it is crucial to work with a skilled local attorney who handles burglary cases.
Anyone who commits third-degree or second-degree burglary while possessing a deadly weapon, dangerous instrument, or explosives may be charged with first-degree burglary under A.R.S. §13-1508. This is a class 2 felony with a sentencing range of three to 12.5 years for first-time offenders, 4.5 to 23 years for second-time offenders, and 10.5 to 35 years for those with three or more prior offenses. Support from a seasoned lawyer in Tolleson is essential to prevent the severe penalties that accompany first-degree burglary charges.
No matter the specific degree, anyone accused of burglary in Arizona is facing a serious felony allegation. While it is possible to fight back against these charges, doing so without support from a capable legal professional can be next to impossible.
A Tolleson burglary lawyer could be your dependable and tenacious ally from start to finish of your case. Call Grand Canyon Law Group today for a consultation.