What Is Second Degree Burglary?

In Arizona, second-degree burglary is a felony offense involving the unlawful entry into a residential structure with the intent to commit theft or another felony. While it’s relatively less severe than a first-degree burglary conviction, it’s more serious than third-degree burglary offenses due to its focus on residential structures, which carry a heightened expectation of privacy and safety.

Second Degree Burglary Definition in Arizona

Arizona Revised Statutes §13-1507 defines second-degree burglary as:

“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.”

To secure a conviction, prosecutors must prove three essential elements:

• Unlawful entry or remaining: The individual entered or stayed in a place without legal permission.
• Residential structure: The structure involved must be designated as a “residential” space, meaning it’s designed for people to live in, such as houses, apartments, mobile homes, or condos.
• Intent to commit a theft or felony: At the time of the unlawful entry or remaining, the person must have intended to commit theft or another felony.

It’s important to note that actual theft or felony doesn’t need to occur. The intent alone, combined with unlawful entry or remaining, satisfies the burden of proof for this offense.

The Importance of Intent

Unlike trespassing, which is unlawful presence without criminal intent, burglary requires that the individual intended to commit a crime upon entry. This intent can be established through circumstantial evidence, such as:

• Possession of burglary tools (like crowbars or lockpicks)
• Entering the premises at an unusual time
• Attempting to flee when discovered
• Text messages or communications indicating a plan to steal

Because proving intent is generally challenging, it becomes a key battleground in many burglary cases.

Residential Structures vs. Non-Residential Structures

The distinction between residential and non-residential structures impacts how the crime is charged.

• Residential Structure: Any building, vehicle, or place adapted for overnight accommodation, whether or not it’s currently occupied
• Non-Residential Structure: Buildings such as offices, retail stores, or warehouses

Second-degree burglary specifically pertains to residential burglary crimes. The law considers these spaces more sacrosanct due to the potential for confrontation with inhabitants, making the offense more serious than third-degree burglary, which applies to non-residential places.

Penalties for Second-Degree Burglary in Arizona

Legal consequences of second-degree burglary are serious because it’s classified as a Class 3 felony. 

First-time offender:

• Minimum: Two years
• Presumptive: 3.5 years
• Maximum: 8.75 years

One prior felony conviction:

Range: 3.25 to 16.25 years

Two or more prior felony convictions:

Range: 7.5 to 25 years

Other possible penalties include:

• Fines of up to $150,000
• Restitution to the property owner or victim
• Felony probation, if applicable
• Mandatory counseling, particularly if the burglary is linked to substance abuse or mental health issues

A felony conviction in Arizona can additionally result in permanent collateral consequences, such as loss of voting rights, firearm rights, and difficulties obtaining employment or housing.

Second-Degree vs. Other Burglary Charges

To fully understand the gravity of second-degree burglary, it helps to see how it compares with other burglary classifications under Arizona law.

First-Degree Burglary (ARS §13-1508)

• Involves committing a second- or third-degree burglary while armed with a deadly weapon or explosive, or when using or threatening force.
• Class 2 felony if the structure is residential
• Carries harsher penalties, with sentences ranging from three to 12.5 years for a first-time offense

Third-Degree Burglary (ARS §13-1506)

• Involves unlawfully entering or remaining in a non-residential structure or fenced commercial/residential yard
• Can also include entering a vehicle with the intent to commit a felony or theft
• Classified as a Class 4 felony
• Less severe penalties than second-degree burglary

Aggravating Circumstances That Can Increase Penalties

In certain cases, second-degree burglary charges can be escalated or result in longer sentences if aggravating factors are present, such as:

• Burglary occurs at night
• Occupants present in the home at the time
• Property damage or use of force during the offense
• Targeting vulnerable victims, such as the elderly or disabled
• Commission of a violent felony inside the residence (e.g., assault or sexual assault)

Why the Stakes Are High

The impact of a second-degree burglary conviction isn’t limited to jail or prison time. Long-term consequences may include:

• Felony criminal record
• Loss of civil rights
• Immigration consequences for non-citizens
• Barriers to employment and housing
• Damage to personal and professional reputation

Because of these serious implications, anyone accused of second-degree burglary must take the charge seriously and seek legal representation as soon as possible.

Potential Defenses for Second Degree Burglary

At the Law Office of Trevor Hill, our experienced defense attorney will carefully evaluate every aspect of your case to build a strong defense. Potential defenses may include:

• Lack of Criminal Intent: We may argue that you didn’t intend to commit a theft or felony upon entering the residential structure, which is a key element the prosecution must prove.
• Mistaken Identity: If you were wrongly identified by witnesses or surveillance, we will work to establish an alibi and challenge the reliability of the evidence.
• Consent to Enter: If you were invited into the residence or had lawful permission to be there, the “unlawful entry” requirement fails.
• Unlawful Search or Seizure: If police violated your Fourth Amendment rights, our defense lawyer will move to suppress illegally obtained evidence.
• Insufficient Evidence: Prosecutors must prove guilt beyond a reasonable doubt. If evidence is weak or circumstantial, we will challenge its validity.

Get High-Powered Legal Representation from Our Arizona Burglary Defense Lawyer

At the Law Office of Trevor Hill, our award-winning Arizona criminal defense attorney will use every available legal tool to fight for a dismissal or reduction of charges. With deep experience in the courtroom and a focus on defending his clients’ freedom, Trevor is committed to achieving the best possible outcome in every case he takes on. To schedule your free consultation, call us 24/7 at 520-497-5400 or contact us online.