There are several types of burglary crimes in Arizona. The most common type of burglary is residential burglary, which is the unlawful entry into a residential structure with the intent to commit a theft or felony therein. Residential burglary is a Class 3 Felony in Arizona. However, there are other types of burglary crimes in Arizona.
Like many serious felonies in Arizona, burglary ranges in severity, with third-degree burglary being the least serious. A person is guilty of third-degree burglary when the person is unlawfully present within or on a non-residential building or the person is unlawfully in a fenced yard (commercial or residential), possessing the intent to commit a theft or felony. Third-degree burglary is a class 4 felony under Arizona law.
A person is guilty of second-degree burglary when the person is unlawfully present within or on a residential structure, possessing the intent to commit a theft or felony. Second-degree burglary is a class 3 felony under Arizona law.
First-degree burglary is an enhancement of either a second-degree or third-degree burglary. The enhancement to make burglary a first-degree offense involves the act of knowingly possessing explosives, a deadly weapon, or a dangerous instrument while committing theft or a felony.
If a first-degree burglary involves a non-residential structure or involves a fenced yard (whether commercial or residential), the offense is a class 3 felony. If a first-degree felony involves a residential structure, the offense is a class 2 felony.
All burglary offenses are felonies that lead to significant prison time, as identified in the table below for first-time felony offenders:
| Offense | Felony Classification | Maximum Potential Prison Time |
| Third-Degree Burglary | Class 4 Felony | 3 Years |
| Second-Degree Burglary | Class 3 Felony | 7 Years |
| First-Degree Burglary | Class 2 Felony | 10 Years |
Prison sentences may vary based on mitigating or aggravating circumstances, as well as whether a person has a prior felony conviction. As such, accused individuals should consider working with a criminal defense attorney when facing charges that could send them to prison for many years.
Spending time in prison and paying thousands of dollars in fines is just one aspect of a burglary conviction in Arizona. In addition to the criminal penalties associated with each burglary offense, a convicted person may face additional consequences that include, among others, the following:
Loss of constitutional right to own a firearm.
Loss of constitutional right to vote (at least while a person is incarcerated).
Tarnished criminal record.
Difficulty being hired for a job.
Difficulty renting an apartment or house.
Difficulty getting into a college or university.
Difficulty getting a credit card or loan.
All situations are unique, but all accused individuals share one thing in common, which is that they deserve qualified legal representation inside and outside the courtroom. An experienced Arizona burglary attorney at Chuck Franklin Law has the experience that many criminal defense attorneys do not have.
If you are facing burglary charges in Arizona, your legal rights are on the line. Speaking with an attorney is important to consider, and protecting your rights as you navigate a stressful and uncertain process is paramount.