Burglary & Theft

Burglary

If you are facing burglary or theft charges the penalties can be extremely severe. It is important to hire an experienced attorney like Matt Hayes to help navigate the criminal system and ensure the best result.

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.”

Third degree burglary is a class 4 felony in Arizona.

Second degree burglary, defined in A.R.S. 13-1507, is committed “by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.” This is a class 3 felony in Arizona. It is important to note that the only difference is that a second degree burglary is committed on a residential structure, such as a person’s home

Finally, first degree burglary is committed when a person commits either a second or third degree burglary and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony as described in A.R.S. 13-1508. If the burglary was committed in the third degree pursuant to A.R.S. 13-1506, then the charge is upgraded to a class 3 felony in Arizona. If the burglary committed was second degree pursuant to A.R.S. 13-1507, the charge is upgraded to a class 2 felony.

Theft

Under A.R.S. 13-1802
A. 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.