Burglary is defined as entering onto the property of another with the intent to commit any theft or any felony thereon. In Arizona, there are three separate degrees of burglary.
As defined in A.R.S. 13-1506, a person commits a third degree burglary 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.” Third degree is a class 4 felony in Arizona.
Second degree burglary, defined in A.R.S. 13-1507, is committed “by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.” This is a class 3 felony in Arizona. It is important to note that the only difference is that a second degree burglary is committed on a residential structure, such as a person’s home.
Lastly, a first degree burglary is committed when a person commits either a second or third degree burglary and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony as described in A.R.S. 13-1508. If the burglary was committed in the third degree pursuant to A.R.S. 13-1506, then the charge is upgraded to a class 3 felony in Arizona. If the burglary committed was second degree pursuant to A.R.S. 13-1507, the charge is upgraded to a class 2 felony.
It is also important to note that possession of burglary tools and criminal trespass may be charged in relation with these crimes.
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