Tucson Burglary Defense Attorney

Burglary is a serious crime involving the unlawful entry into a structure with the intent to commit a theft or felony therein.  Burglary is frequently misunderstood to only cover theft, but no theft needs to occur (or even be intended).  The focus in burglary cases is on two things entry and intent (at the time of entry).  A person who lawfully enters a building without criminal intent will not be guilty of burglary because of a later theft or felony.  Also, it is not necessary that the theft or felony be completed; burglary is complete at entry (with intent).  Accordingly, there is a broad range of conduct that can result in a burglary prosecution.  Unlawfully remaining in a building with the intent to commit a theft or felony is burglary, even without intent at the time of entry; the distinction being that remaining in the structure be unlawful.

Arizona law breaks burglary into three degrees:

FIRST DEGREE BURGLARY
First degree burglary is entry into a structure of another with the intent to commit a theft or felony therein, while possessing a dangerous or deadly weapon.  Armed burglary is first degree burglary whether the entry is into a residence or a commercial building.  First degree burglary of a residential structure is a Class 2 felony, whereas first degree burglary of a commercial structure is a Class 3 felony.  First Degree Burglary is punishable by 7-21 years in prison.

SECOND DEGREE BURGLARY
Second degree burglary is a burglary of a residential structure, without the additional element of knowingly possessing a dangerous or deadly weapon.  Entering the home of another person with the intent to commit a theft or any felony therein is second degree burglary, a Class 3 felony, punishable by 2-8.75 years in prison. 

THIRD DEGREE BURGLARY
Third degree burglary is entry or unlawfully remaining in a nonresidential structure or fenced yard, or breaking into a vehicle, and is a Class 4 felony, punishable by 1-3.75 years in prison.  Merely trespassing on someone else's land is not enough for burglary.  Criminal intent at the time of entry (or at the time of unlawfully remaining) is still required.

POSSESSION OF BURGLARY TOOLS
Possessing tools adapted for, or commonly used for burglary with the intent to use them for a burglary is a Class 6 felony, punishable by up to 2 years in prison.  Master keys and motor vehicle manipulation keys are specifically listed in the Arizona burglary tools statute, but many items can qualify, including tools used to remove anti-theft sensors from merchandise, and foil lined bags to prevent sensors from triggering alarms.

FEDERAL BURGLARY CHARGES
The vast majority of burglary charges in Tucson are state level charges, but Federal burglary charges are certainly possible.  In particular, burglary's involving federal government property will be charged in federal court pursuant to 18 U.S.C. 103.  Also, most bank robberies also satisfy the elements of burglary, and could be so charged, especially if easier to prove than the elements for robbery.  Burglaries involving controlled substances (such as breaking into a pharmacy or pharmaceutical manufacturing plant) are likely to result in federal burglary charges.

More General THEFT CRIMES Information
More ROBBERY Information
More SHOPLIFTING Information
More EMBEZZLEMENT Information

BURGLARY EXAMPLES
1.  James decides to go over to Harry's house with a gun to kill him.  When James goes into Harry's house, no one is home.  Harry's dog scares James, who runs away.  Although James intended to commit a homicide, that crime was not carried out.  James is, however, guilty of burglary because he entered Harry's home with the intent to commit a felony.  Because he was armed with a handgun, it is a burglary in the first degree.

2.  Erica is invited to a family friend's party at their home.  Erica did not attend the party with the intent to steal anything, but began to admire the homeowner's belongings, and decided to steal items from the home.  Erica is caught snooping around a bedroom and is asked to leave.  Rather than leave, Erica hides in a closet on her way out and waits for everyone to go to the kitchen for cake.  At that time, Erica goes back into the bedroom and takes a jewelry box, and leaves.  Erica is guilty of a first degree burglary, even though she lacked the intent to commit a theft when she first entered the home.  She unlawfully remained in the home after being asked to leave, and hid in the closet with the intent of going back into the bedroom to steal the jewelry box.

3.  Jake is a college student, living in a dorm on campus.  Being under 21, he cannot buy alcohol or go out to bars with his friends.  Jake realizes that his RA, who is over 21, looks a lot like him.  Jake waits until his RA is taking a shower one day, and goes into the RA's room to take his wallet.  Before Jake finds the wallet, he hears a noise and runs out of the room.  Because Jake already entered the room (with intent to take the wallet), he is guilty of burglary, even though he never took anything.

IF YOU OR A LOVED ONE IS FACING BURGLARY CHARGES IN TUCSON, YOU SHOULD BE AWARE OF HOW SERIOUS THESE CHARGES ARE, AND NEED A KNOWLEDGEABLE, EXPERIENCED, AND AGGRESSIVE LAWYER ON YOUR SIDE.  CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  520-585-5757

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Helpful Tucson Criminal Law Links:
Pima County Superior Court
Tucson Police Department
Pima County Sheriff
Pima County Sheriff Inmate Locator