28 Feb Burglary Classifications In Arizona
In our last blog post we talked about the differences between burglary and criminal trespass. Today we’d like to get a little more specific on the subject of burglary. If you’ve been charged with burglary in Arizona, this blog post will help you understand the classification and felony level of your charge. Todd Coolidge of Coolidge Law has been a criminal law specialist serving Gilbert, Phoenix, and surrounding areas for more than 25 years. If you’ve been arrested and charged with a burglary or any other crime, he’s ready to roll up his sleeves and work on your case.
BURGLARY CLASSIFICATIONS IN ARIZONA
There are three classes of burglary in Arizona. Since the qualifications of the first and second classifications build on the third classification (or degree), we’ve started by describing the third class.
Burglary in the THIRD degree includes:
- Entering or remaining unlawfully in any of the following, with intent to commit any theft or felony therein—
- Nonresidential structure
- Fenced commercial yard
- Residential yard
- Or, entering into a motor vehicle with intent to commit any theft or felony therein—Using a master key or a manipulation key
Burglary in the third degree is a class 4 felony.
Burglary in the SECOND degree includes:
- Entering or remaining unlawfully in or on a residential structure, with intent to commit any theft or felony therein.
Burglary in the second degree is a class 3 felony.
Burglary in the FIRST degree includes:
- A person (or accomplice) who has committed either a second or third degree burglary as listed above,
- AND, in the process of committing a theft or felony, knowingly possesses:
- A deadly weapon
- A dangerous instrument
Burglary in the first degree is a class 3 felony IF it occurs in a nonresidential structure or a fenced commercial or residential yard.
Burglary in the first degree is a class 2 felony IF committed in a residential structure.
Sentencing for the felony charges associated with each of these burglary degrees can vary tremendously. Sentencing can be mitigated (lessened) or aggravated (increased) depending on circumstances surrounding the defendant and the crime. For questions about burglary charges, felony convictions, or any other matters of criminal law, call Coolidge Law today to schedule an appointment. We’re fair, we’re knowledgeable, and we’ll work for the right solutions for your case.
Images used under creative commons license – commercial use (2/27/2018) Informedmag (through Flickr)