ARS 13-1507 is the Arizona statute that defines the crime of second-degree burglary. People commit this offense when they unlawfully enter or remain in or on a residential structure with the intent to commit any theft or a felony. A violation of this law is a Class 3 felony punishable by custody in state prison for almost nine years.

Note that Arizona’s criminal laws divide burglary charges into three different degrees. These are:

• first-degree burglary, per ARS 13-1508,
• second-degree burglary, per ARS 13-1507, and
• third-degree burglary, per ARS 13-1506.

The language of ARS 13-1507 states that: “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.”

Examples

• breaking and entering into a home with the intent of stalking the homeowner.
• entering a person’s apartment for the sole purpose of stealing the renter’s computer.
• climbing into a motor home with the intent of raping the person inside.

Defenses

People charged under this statute have the right to contest it with a legal defense. A few common defenses include accused people showing that they:

• did not intend to commit a crime within the residential structure,
• did not “enter” a residential structure, and/or
• were arrested without probable cause.

Penalties

A conviction of second-degree burglary is a Class 3 felony (as opposed to a Class 3 misdemeanor). The crime is punishable by:

• up to eight years and nine months in state prison, and/or
• a maximum fine of $150,000.

In this article, our Phoenix Arizona criminal defense attorneys will discuss what the law is under this statute, defenses available if charged, the penalties for a conviction, and related crimes.

1. How does Arizona law define “second-degree burglary”?

People in the State of Arizona are guilty of second-degree burglary if they:

1. unlawfully enter or remain in or on a residential property/structure (as opposed to a commercial or non-residential structure), and
2. do so with the intent to commit any theft or any felony once inside.ⁱ

For purposes of this criminal code section, a person “enters” a structure if he/she penetrates whatever forms a structure’s outer boundary, such as a door, window, or wall. A person can enter a structure, then, merely by inserting a pry bar into a door jamb. ⁱⁱ

A “residential structure” means any structure, movable or immovable, permanent or temporary, that is adapted for both human residence and lodging whether occupied or not.ⁱⁱⁱ

Some examples include:

• homes,
• apartments,
• motor homes and RVs,
• motor vehicles (depending on the facts of the case), and
• boats.

A fenced residential yard, though, is not considered part of a residential structure. A burglary on this type of property is addressed within ARS 13-1506, Arizona’s third-degree burglary statute.

As to the commission of theft or felony to further a burglary crime, note that a person does not have to successfully complete the theft or felony. Defendants only have to have intended to commit such crimes to be guilty under this law.^iv

The main difference between first- and second-degree burglary is that the former requires that the defendant possess, during the burglary, a:

• deadly weapon,
• dangerous instrument, or
• explosive.

2. What are the defenses to a charge under ARS 13-1507?

Criminal defense lawyers draw upon several legal strategies/disclaimers to challenge charges brought under Arizona’s burglary laws. A few possible defenses include a lawyer showing that:

• the defendant did not intend to commit a crime.
• the accused did not “enter” a residential structure, and/or
• the accused was arrested without probable cause.

2.1 No intent to commit a crime

People can only commit a burglary under this statute if they entered a residential structure with the specific intent to steal something or commit a felony. This means it is always a defense for an accused to show that he/she entered a property without the desire to commit a crime. Perhaps, for example, a person entered a vacation home because he/she was curious to see how it looked inside.

2.2 No entrance

A person is not guilty under this law unless he/she actually entered a residential structure. Further, entrance requires that a person actually penetrate the outer barrier of the structure.

A defense, then, is for defendants to show that they never entered a home. It is not a crime, for example, if a person got to the front door of a structure, with an intent to steal, but then ran away after getting nervous.

2.3 No probable cause

Police must have probable cause before they can detain or arrest a suspect of a crime. If a person was stopped or arrested for violating ARS 13-1507, and there was no probable cause, then any evidence obtained following the improper stop/arrest could get excluded from the case. This exclusion could result in the dismissal or reduction in charges.

3. What are the penalties?

Second-degree burglary is a serious charge in Arizona. A conviction of the crime is a Class 3 felony.^vi

Felony convictions under the law are punishable by:

• up to eight years and nine months in state prison, and/or
• a maximum fine of $150,000.

These penalties will increase if certain aggravating factors apply (for example, if a defendant has prior convictions).

If a second-degree burglary charge gets classified as a “dangerous offense,” then the maximum penalty is 15 years in prison.

4. Are there related offenses?

There are three crimes related to second degree burglary. These are:

1. theft – ARS 13-1802,
2. robbery – ARS 13-1902, and
3. trespass – ARS 13-1504.

4.1 Theft – ARS 13-1802

Under ARS 13-1802, theft is the crime where someone knowingly uses or takes someone else’s property or services and does so without lawful authority.

Unlike with violations under ARS 13-1506, violations of this statute are charged as either misdemeanors or felonies depending on the facts of the case.

4.2 Robbery – ARS 13-1902

Per ARS 13-1902, robbery is the offense where people:

1. try to steal another person’s property, and
2. use threats or force to complete the stealing.

If someone completes this crime with a deadly weapon or a dangerous instrument, then they will get charged of armed robbery, per ARS 13-1904.

As with burglary convictions, convictions under this stature are felony offenses. In particular, a conviction is a Class 4 felony.

4.3 Trespass – ARS 13-1504

Per ARS 13-1504, first degree criminal trespassing is when people either:

1. knowingly enter someone else’s property without permission, or
2. unlawfully remain on certain pieces of real property without permission.

Note that trespassing is the first element in a second-degree burglary case. If a person then intends to steal something while within a residential structure, or wants to commit some felony, then the police can charge that person with both:

• trespassing, and
• burglary.

For additional help…

For additional guidance as to Arizona burglary law or to discuss your case with a criminal defense lawyer, we invite you to contact our law firm at the Shouse Law Group. Our attorneys provide both free consultations and legal advice you can trust.

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