Tucson Burglary Attorney
The Pima County Attorneys prosecutes burglary cases severely. Prosecutors routinely ask for prison sentences, especially in the case of residential burglaries. Burglary in Arizona is always charged as a felony, and can be either a class 2, class 3, or class 4 felony depending on the circumstances. Elias Damianakos is an experienced Tucson burglary attorney including felony residential burglary, non-residential burglary, possession of burglary tools.
A.R.S. § 13-1508 – First Degree Burglary
A. A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
B. Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It is a class 2 felony if committed in a residential structure.
A.R.S. § 13-1507 – Second Degree Burglary
A. 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.
B. Burglary in the second degree is a class 3 felony.
A.R.S. § 13-1506 – Third Degree Burglary
A. A person commits burglary in the third degree by:
1. 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.
2. 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.
B. Burglary in the third degree is a class 4 felony.
Defenses to Burglaries
Prosecutors have alot of resources available to them to prosecute residential and other burglaries. They routinely use DNA evidence and eyewitness testimony to convict people charged with burglary.
The law requires the prosecution to prove that a person intended to commit a felony inside the residential structure. There are several to challenge the “intent” element, for example, by showing the “whole story” that shows a lack on intent, challenging the physical evidence, and challenging witness statements. If you have been charged with burglary, contact my office for a free consultation regarding your case.