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  3. The Different Degrees of Burglary

The Different Degrees of Burglary

May 16, 2011 | Phoenix Defense Attorney

Burglary is a serious crime that can have many potential consequences, from prison time to a felony on your record. If you’ve been charged with burglary, you’ll want to talk with a Phoenix defense lawyer about your case. They can explain the difference between the various types of burglary and explain what to do in your particular case. There are three types of burglary, and varying penalties are associated with each:

  • Thirddegree burglary. A third-degree burglary occurs when a person is found in an unenclosed structure or yard with a fence and is planning on committing another crime – typically theft, but it can be another felony. A third-degree burglary also applies to breaking and entering a vehicle illegally. A third-degree burglary charge can also occur if, after a reasonable request from the owner of the property to leave, a person remains on the property. Third-degree burglary is a class 3 misdemeanor.
  • Seconddegree burglary. If a person breaks into a non-residential property, such as a fenced-in stockyard, they may be charged with a second-degree burglary. A second-degree burglary is a class 2 misdemeanor, but it can be combined with other charges.
  • Firstdegree burglary. Any time a weapon is involved in the burglary, it becomes a first-degree burglary. This can include guns and other explosives, or even something as simple as wielding a dangerous instrument. A first-degree burglary also occurs when a residential property is involved, such as a home or yard. Defacing or mutilating a religious symbol located on private property may also carry a charge of first-degree burglary. First-degree burglary may be either a misdemeanor or a felony, depending on the severity of the actions.

A Phoenix defense lawyer can help you retain your liberties after a charge of burglary. A felony or even a misdemeanor conviction can change your entire life, so get in touch with a Phoenix defense lawyer right away if you’ve been charged with burglary.