Arizona criminal charge
Burglary in the first degree in Arizona
Burglary in the first degree is a criminal offense under Arizona law, defined by A.R.S. § 13-1508. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-1508.
What is the penalty for burglary in the first degree in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2.5 years to 7 years (Burglary in the first degree of a nonresidential structure or fenced commercial/residential yard — The burglary in the first degree, as defined in subsection A, is committed in or of a nonresidential structure or a fenced commercial or residential yard.; presumptive 3.5 years; mitigated 2 / aggravated 8.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Burglary in the first degree of a nonresidential structure or fenced commercial/residential yard — The burglary in the first degree, as defined in subsection A, is committed in or of a nonresidential structure or a fenced commercial or residential yard.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 4 years to 10 years (Burglary in the first degree of a residential structure — The burglary in the first degree, as defined in subsection A, is committed in a residential structure.; presumptive 5 years; mitigated 3 / aggravated 12.5 years available only on at least two mitigating/aggravating circumstances (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Burglary in the first degree of a residential structure — The burglary in the first degree, as defined in subsection A, is committed in a residential structure.; fine cap for an individual (13-801); drug and other offenses may set higher statute-specific amounts) | discretionary | A.R.S. § 13-702 |
Applies to first felony offense, non-dangerous; presumptive term 3.5 years.
How is burglary in the first degree classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Burglary in the first degree of a nonresidential structure or fenced commercial/residential yard | Class 3 Felony | The burglary in the first degree, as defined in subsection A, is committed in or of a nonresidential structure or a fenced commercial or residential yard. | A.R.S. § 13-1508B |
| Burglary in the first degree of a residential structure | Class 2 Felony | The burglary in the first degree, as defined in subsection A, is committed in a residential structure. | A.R.S. § 13-1508B |
Common questions about burglary in the first degree in Arizona
Is burglary in the first degree a felony or a misdemeanor in Arizona?
It depends on the circumstances: burglary in the first degree ranges from a Class 3 Felony to a Class 2 Felony in Arizona under A.R.S. § 13-1508.
Burglary in the first degree of a nonresidential structure or fenced commercial/residential yard: Class 3 Felony (A.R.S. § 13-1508B) · Burglary in the first degree of a residential structure: Class 2 Felony (A.R.S. § 13-1508B)
What are the penalties for burglary in the first degree in Arizona?
Penalties for burglary in the first degree in Arizona depend on how it is classified — from a Class 3 Felony up to a Class 2 Felony — with the ranges set by A.R.S. § 13-702; the full table of ranges by variant is published on this page.
Which Arizona statute covers burglary in the first degree?
Burglary in the first degree is governed by A.R.S. § 13-1508 (Burglary in the first degree; classification).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.