Burglary in Arizona: Definition and Consequences

how burglary is defined in arizona

Burglary in Arizona: Definition and Consequences

Did you know that burglary is a felony in Arizona? Entering a building or a vehicle without permission is trespassing, which is one of the many types of property crimes. But if someone is trespassing with the intent to commit another crime, they can be charged with burglary, which has much more serious consequences. As a felony, a burglary conviction means an automatic prison sentence and the loss of civil rights. We explain how the state of Arizona treats burglary in more detail below.

Arizona’s Definition of Burglary

According to Arizona law, entering a structure or piece of property without the owner’s permission is trespassing. However, if they enter with the intention of committing a crime, they can be charged with burglary. 

Burglary charges fall into several different categories. From least severe to the most severe, they are: 

  • Possession of Burglary Tools

Carrying burglary tools, like a master key, lock picks, or any other tool typically used to aid in the crime of burglary is a class 6 felony. 

  • Third Degree Burglary 

Entering a non-residential structure, a fenced yard, or a vehicle is a class 4 felony. 

  • Second Degree Burglary 

Entering (or remaining inside) a residential structure without permission is a class 3 felony. Entering a vehicle with a master key is also second degree burglary. 

  • First Degree Burglary 

If the defendant or an accomplice was in possession of explosives, a deadly weapon, or a dangerous instrument, they can be charged with first degree burglary. This is a class 2 felony.

Consequences of Burglary in Arizona

In Arizona, burglary in all its forms is a felony. The felony class and prison sentences range greatly depending on the specifics of the crime. However, there are several consequences to a felony conviction that do not change with the class.  

  • Fines, Fees, and restitution. This includes fines to the state or federal government, fees associated with the criminal courts, and possible restitution to the victims. It does not include other expenses with a criminal trial. 
  • Loss of civil rights. Those with felony convictions are not allowed to vote, possess a firearm, obtain a commercial driver’s license, or be eligible for certain social services (like SNAP).
  • Social consequences. These affect everyone differently but those with felony convictions often find it difficult to find employment, or even housing after a conviction. 

Sentencing for Burglary Convictions

Possession of Burglary Tools

  • Class 6 felony
  • 3 months to over 5 years in prison

Third Degree Burglary

  • Class 4 felony 
  • 1 to 15 years in prison

Second Degree Burglary

  • class 3 felony
  • 2 to 25 years in prison

First Degree Burglary of a non-residential structure, a fenced commercial area, or a residential yard

  • Class 3 felony
  • 2 to 25 years in prison 

First Degree Burglary of a residential structure

  • Class 2 Felony
  • 3 to 35 years in prison 

If You Are Facing Burglary Charges, You Need a Certified Defense Attorney 

A felony conviction can ruin your life, and you’ll need a good lawyer to secure the best outcome for your case. Building a strong defense takes a thorough understanding of Arizona law and an outstanding work ethic. With over 25 years of experience, Todd Coolidge knows how to build a defense that works. 

Not all legal aid is created equal. Oftentimes, court-appointed legal representatives are overworked. And while those big, corporate law firms might foist your case off onto an inexperienced intern, that won’t happen at the Todd Coolidge Law Firm. We believe that every case we take on is important and deserving of our full attention. To schedule a consultation with the Coolidge team, contact us today.

 

Images used under creative commons license – commercial use (1/31/25).  Photo by Salah Ait Mokhtar on Unsplash.