Tucson Property Crimes Attorney

Tucson Criminal Defense Attorney Kevin J. Oursland

Theft/Shoplifting

Theft is perhaps the most common property crime. In Arizona, the penalties for property crimes range from one to fifty years imprisonment, depending upon the circumstances of the case. I know how to handle these cases from my time as a prosecutor. Based on this experience, I also know how to negotiate for a favorable plea agreement or sentencing recommendation. 

Burglary

Arizona has three degrees of burglary. All burglaries are classified as felonies. 

Third degree burglary is defined by statute as 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. Burglary in the third degree is a class four felony.

Second degree burglary is committed by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein. Burglary in the second degree is a class three felony.

First degree burglary occurs if either a third or a second degree burglary is committed while knowingly possessing explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony. Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It is a class 2 felony if committed in a residential structure.

Criminal Damage

Criminal damage is defined by statute as recklessly:

1. Defacing or damaging property of another person; or

2. Tampering with property of another person so as substantially to impair its function or value; or

3. Tampering with or damaging the property of a utility.

4. Parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water.

5. Drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner.

Carjacking

Arson

By far the most serious property crime is arson. In Arizona, arson is classified depending on the nature of the offense. A person commits arson of a structure or property by knowingly and unlawfully damaging a structure or property by knowingly causing a fire or explosion. Arson of property is a class 1 misdemeanor if the property had a value of one hundred dollars or less. Otherwise, it is a felony.

Arson of an occupied structure is committed by knowingly and unlawfully damaging an occupied structure by knowingly causing a fire or explosion. Arson of an occupied structure is a class 2 felony.

Trespassing

A person commits criminal trespass in the third degree by knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry; or by knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company. Criminal trespass in the third degree is a class 3 misdemeanor.

A person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard. Criminal trespass in the second degree is a class 2 misdemeanor.

A person commits criminal trespass in the first degree by knowingly:

1. Entering or remaining unlawfully in or on a residential structure.

2. Entering or remaining unlawfully in a fenced residential yard.

3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy.

4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.

5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property.

6. Entering or remaining unlawfully in or on a critical public service facility.

Criminal trespass in the first degree under paragraphs 1, 5 or 6 is a class 6 felony. Criminal trespass in the first degree under paragraphs 2, 3 or 4 is a class 1 misdemeanor. 

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