What is burglary in the second degree in Arizona?
§13-1507 is the Arizona statute that defines burglary in the second degree. This also known as “breaking and entering” into a home, or “home invasion.” The is specific type of burglary occurs when a person “enters or remains unlawfully” in a residential structure with the intent to commit a theft or other felony.
What class felony is burglary in AZ?
Burglary Sentences and Penalties The burglary of a residential structure is a class 2 felony. Arizona law considers burglary a “serious offense” in its sentencing guidelines. , such as when the structure was occupied at the time the crime was committed.
What is the penalty for breaking and entering in Arizona?
Possible Punishment for Burglary / Breaking and Entering For a first offense class two (2) felony, punishment can be: Probation with zero (0) days in jail up to one (1) year in jail; or prison of three (3) years to twelve and one half (12.5) years of incarceration.
What is burglary in Arizona?
Burglary under Arizona Law According to Chapter 13 of the Arizona Revised Statutes, burglary is entering or remaining unlawfully in a structure or property with the intent to commit theft or any other felony. There are three degrees of burglary, first, second and third.
What is 3rd degree burglary in Arizona?
Third Degree Burglary according to A.R.S. A person commits burglary in the third degree 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.
What is a Class 3 felony in Arizona?
In Arizona, a Class 3 felony is the third-most severe type of criminal offense. A conviction for this class of crime often comes with between 2 years and 8 years and 9 months in state prison.
What is first degree burglary in Arizona?
First Degree Burglary according to A.R.S. 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 felony.
What is 1st degree burglary in Arizona?
What is a Class 5 felony in Arizona?
Class 5 Felonies in Arizona A Class 5 felony has a presumptive sentence of two years, and an aggravated term of two years and six months. Pimping and pandering, which is profiting from or facilitating prostitution in Arizona, are both Class 5 felonies.
How much of your sentence do you serve in Arizona?
85 percent
Currently, Arizona prisoners must serve at least 85 percent of their sentences, with the remaining 15 percent served on community supervision.
Can a Class 3 felony be reduced to a misdemeanor in Arizona?
Both class 3 felonies carry a possible sentencing range of 2 to 8.75 years in prison. We are proud to announce that we were able to get this reduced to a class 1 misdemeanor with no jail time.
What is the difference between 1st and 2nd degree burglary?
With first degree burglary, someone has entered the home of another person with the aim to commit violence and/or theft. In the case of a second degree burglary, someone entered a property with the aim to commit violence and/or theft, but the property could be a building detached from the actual home, such as a shed.
What is the Standard Time for a 2nd degree burglary?
Upon the second and all subsequent convictions for burglary in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than eight years.
Why is 2nd degree robbery considered a felony?
Robbery in the Second Degree, New York Penal Law 160.10, is a crime that provides prosecutors with tremendous leverage over the accused. Specifically, the magnitude and consequences of a conviction for Second Degree Robbery gives prosecutors the ability to wield great power over a defendant.
Can you be charged with second degree burglary?
Second degree burglary is a wobbler offense. The prosecutor can choose to charge you with a felony or a misdemeanor. Felony second degree burglary is punishable by up to three years in county jail while misdemeanor second degree burglary could be punished by up to one year in county jail.