Burglary — First Degree

Under A.R.S. § 13-1508, a person commits burglary in the first degree by committing second or third degree burglary while knowingly possessing explosives, a deadly weapon, or a dangerous instrument. This is the most serious burglary charge in Arizona.

Penalties

Burglary in the first degree is a Class 2 felony. If designated as a dangerous offense due to the use or possession of a weapon, mandatory prison time applies with no eligibility for probation. The presumptive sentence for a first offense is 5 years with a range of 4 to 10 years.

Defenses

Defenses may include challenging whether the defendant actually possessed a weapon or dangerous instrument, disputing the underlying burglary charge, or contesting whether the defendant knew the item was present.