Burglary — Second Degree

Under A.R.S. § 13-1507, 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. This is commonly referred to as residential burglary and is treated very seriously by Arizona courts.

Penalties

Burglary in the second degree is a Class 3 felony. A first-time offender faces a presumptive sentence of 3.5 years with a range of 2 to 8.75 years. Because the offense targets a home, prosecutors and judges often pursue significant prison time even for first offenders.

Defenses

Defenses include challenging the element of intent, disputing whether the structure qualifies as residential, or establishing that the defendant had authorization to enter. In some cases, issues of mistaken identity or unreliable witness identification are central to the defense.