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.
Burglary in the first degree
A person commits burglary in the first degree if the individual violates the provisions of burglary in either the second or third degree and knowingly possesses explosives, a deadly weapon or a dangerous instrument while 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, Class 2 felonies can result if the crime was committed in a residential structure.
Burglary in the second degree
A person commits burglary in the second degree by breaking and 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.
Burglary in the third degree
A person commits burglary in the third degree by breaking and 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. They could also make 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.
Possession of burglary tools
A person commits possession of burglary tools by possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary and intending to use the item for that purpose. They could also buy, sell, transfer, possess or use a motor vehicle manipulation key or master key. Possession of burglary tools is a Class 6 felony.
At Lane, Hupp, & Crowley, PLC, our lawyers are experienced in representing clients facing complex, serious burglary charges. We can consult with forensic experts to build a strong defense.
Attorney Alex Lane worked as a prosecutor for three years. He has also attended seminars for law enforcement personnel and prosecuting attorneys, many of which related to investigative tactics and trial techniques and strategies for prosecutors.
Mr. Lane has a thorough understanding of how the police and prosecutors work and can bring this experience to the table to defend you in your property damage case.
Get aggressive advocacy on your side. Contact us in Phoenix to schedule a free initial consultation. Call (480) 562-3482 or contact us online.
If you have been charged with a DUI, drug charge, sex crime or any serious criminal offense, let an experienced defense team fight for you. Schedule a consultation with one of our partners today. Call (480) 562-3482 or send an email.