Burglary — Third Degree

Under A.R.S. § 13-1506, 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 Sets Burglary Apart from Trespass

The critical difference between burglary and trespass is intent. Trespass requires only unlawful entry or remaining. Burglary requires unlawful entry plus the intent to commit a theft or felony once inside. The intent must exist at the time of entry.

Penalties

Burglary in the third degree is a Class 4 felony, carrying a presumptive sentence of 2.5 years for a first-time offender, with a range of 1 to 3.75 years in prison.

Defenses

Defenses include challenging the element of intent — arguing that the defendant entered the property for a reason other than committing a theft or felony — and contesting whether the entry was actually unlawful.