Aggressive Criminal Defense Attorney (480) 269-1034

mhayes@matthayeslaw.com

Burglary

Burglary

Burglary is defined as entering onto the property of another with the intent to commit any theft or any felony thereon. In Arizona, there are three separate degrees of burglary.As defined in A.R.S. 13-1506, a person commits a third degree burglary 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.”

Theft

Theft

Under A.R.S. 13-1802 A person commits theft if, without lawful authority, the person knowingly:

  1. Controls property of another with the intent to deprive the other person of such property; or
  2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant’s possession for a limited, authorized term or use; or
  3. Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or
  4. Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person’s own or another’s use without reasonable efforts to notify the true owner; or
  5. Controls property of another knowing or having reason to know that the property was stolen; or
  6. Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another’s services to the person’s own or another’s benefit without authority to do so; or
  7. Controls the ferrous metal or nonferrous metal of another with the intent to deprive the other person of the metal; or
  8. Controls the ferrous metal or nonferrous metal of another knowing or having reason to know that the metal was stolen; or
  9. Purchases within the scope of the ordinary course of business the ferrous metal or nonferrous metal of another person knowing that the metal was stolen.

B. A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult’s property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property. Proof that a person took control, title, use or management of a vulnerable adult’s property without adequate consideration to the vulnerable adult may give rise to an inference that the person intended to deprive the vulnerable adult of the property.