Phoenix Burglary Defense Attorneys
A Former Prosecutor is Your Best Defense...

Have you been charged with Burglary in Arizona?

When charged with Burglary, you may also be cited with Criminal Trespass. In addition, burglary charges can be cited in the first degree, second degree or third degree, and you can also be charged with possession of burglary tools.

A person commits burglary in the first degree if such person or an accomplice violates the provisions of either burglary in the second or third degree and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony. If the crime is committed against a nonresidential structure or a fenced commercial or residential yard, this can be charged as a class 3 felony. However, if the crime is committed in a residential structure it can be charged as a class 2 felony.

A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein. Burglary in the second degree is a class 3 felony.

A person commits burglary in the third degree by entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein, or making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle. Burglary in the third degree is a class 4 felony.

A person commits possession of burglary tools by (A) Possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary as defined in burglary of the first, second or third degree, and intending to use or permit the use of such an item in the commission of a burglary, (B) Buying, selling, transferring, possessing or using a motor vehicle manipulation key or master key. Possession of burglary tools is a class 6 felony.

There are several defenses that can be used on this charge such as, Miranda Rights violation, denial of right to counsel, and more. Alex Lane will look into your case to determine the State's weaknesses and your strengths.

If Convicted, What Jail Term Am I Facing?

If charged as a Class 2 felony you could be facing a jail term of 4 years to 10 years with probation eligibility for a first offense, 6 years to 18.5 years with one historical prior, and 14 years to 28 years with two historical priors.

If charged as a Class 3 felony you could be facing a jail term of 2.5 years to 7 years with probation eligibility for a first offense, 4.5 years to 13 years with one historical prior, and 10 years to 20 years with two historical priors.

If charged as Class 4 felony you could be facing a jail term of 1.5 years to 3 years with probation eligibility for a first offense, 3 years to 6 years with one historical prior, and 8 years to 12 years with two historical priors.

Affordable Rates & Payment Plans Available

We have experience in representing clients who are facing criminal allegations; we know how to investigate such matters and anticipate what the State will use against you. The Law Offices of Alex Lane also has the availability to consult with several forensic experts to build a strong defense.