Burglary

Burglary Attorney in Phoenix

30+ Years of Combined Experience Defending Burglary Charges in Maricopa County

A burglary charge in Arizona is a felony, and a conviction can follow you for years. At Faussette & Faussette, PLLC, founded in 2013 by brothers Jacob and Nicholis Faussette, our attorneys bring more than 30 years of combined experience to criminal defense matters in Phoenix and the surrounding Maricopa County area. We start by listening. Before we build any strategy, we take the time to understand exactly what happened, what evidence exists, and what matters most to you.

Acting quickly after an arrest can give your defense the opportunity to preserve evidence, evaluate the prosecution’s case, and identify your strongest options. Whether you’re at the initial appearance stage or approaching arraignment in Superior Court, timing matters.

Faussette & Faussette, PLLC offers a free 15-minute criminal defense consultation, available in-office or virtually. Call us today at (602) 905-2833 to get started.

Personalized Defense, Not a Standard Script

Burglary cases turn on specific facts: where you were, what you intended, how law enforcement gathered its evidence. That’s why we develop a customized strategy for every client rather than applying a one-size-fits-all approach. We’ve handled thousands of criminal cases since 2013, and we know that two burglary charges can look nothing alike once you examine the details.

Transparent communication is central to how we work. You’ll understand your legal options, the potential outcomes, and what each path forward involves before any decision is made. Informed clients make stronger decisions, and that’s the standard we hold ourselves to on every case.

Arizona’s Three Burglary Degrees Explained

Arizona defines burglary across three degrees under separate statutes, each carrying a different felony classification and range of prison exposure. Understanding which charge applies to your situation is the first step toward understanding what’s at stake.

Third-Degree Burglary (ARS 13-1506)

Third-degree burglary covers unlawfully entering or remaining in a nonresidential structure, a fenced commercial or residential yard, or a vehicle using a manipulation or master key, with intent to commit theft or a felony. It is a class 4 felony. For a first offense, Arizona’s sentencing guidelines set a range of roughly 1.5 to 3.75 years, with a presumptive term of 2.5 years.

Second-Degree Burglary (ARS 13-1507)

Second-degree burglary involves unlawfully entering or remaining in a residential structure with intent to commit theft or a felony. Because it targets homes, Arizona classifies it as a class 3 felony, with a sentencing range of roughly 2.5 to 8.75 years and a presumptive term of 3.5 years for a first offense.

First-Degree Burglary (ARS 13-1508)

First-degree burglary applies when someone commits second- or third-degree burglary while knowingly possessing explosives, a deadly weapon, or a dangerous instrument. The felony class depends on the location: class 2 if the structure is residential, carrying up to 12.5 years, and class 3 if nonresidential.

One critical point across all three degrees: Arizona doesn’t require that a theft or felony actually be completed. The intent to commit one while unlawfully entering or remaining is enough to support a conviction.

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Why Choose Faussette & Faussette, PLLC?

Client-Focused Representation
Every case begins with understanding your unique circumstances, allowing the firm to build personalized legal strategies that protect your interests.
Honest & Transparent Communication
Clients receive clear guidance, straightforward answers, and regular updates so they can make informed decisions throughout their case.
Aggressive When It Matters Most
Whether negotiating a settlement or fighting in court, the firm stands up for clients' rights and pursues the best possible outcome.
Experienced Legal Advocacy
With nearly a decade of experience, Faussette & Faussette provides knowledgeable representation in criminal defense, personal injury, and family law matters.

How We Approach a Burglary Defense

Before we develop any defense strategy, our attorneys investigate the specific facts of the arrest: how the property was entered, what evidence supports the prosecution’s intent argument, and whether law enforcement followed proper procedure. Because burglary is an intent-based offense, the prosecution must prove not just that you entered or remained on property unlawfully, but that you did so intending to commit theft or another felony at that moment.

That intent element is often where a defense takes shape. Challenging whether the state can prove intent beyond a reasonable doubt, or contesting the evidence used to establish unlawful entry, are approaches we examine in each case. Felony burglary matters in Maricopa County are heard in Superior Court, and our familiarity with that court’s processes shapes how we position each client’s case from day one.

Burglary, Robbery, Trespass & Burglary Tools

When you’re facing a burglary charge, you may encounter related terms that are easy to confuse. Here’s how Arizona law distinguishes them.

Burglary vs. Robbery
Robbery requires taking property through force, threat, or intimidation directed at a person. Burglary requires only unlawful entry with intent to commit theft or a felony, with no requirement of actual theft or contact with a victim.

Burglary vs. Criminal Trespass
Criminal trespass involves unlawfully entering or remaining on property. What separates it from burglary is intent: without the intent to commit theft or another felony, the conduct doesn’t rise to a burglary charge.

Possession of Burglary Tools
This is a separate offense from burglary itself. It applies when someone possesses tools commonly used to commit burglary with the intent to use them for that purpose, and a person can face this charge independent of any underlying burglary charge.

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Hear about our clients experience with us

"Got my entire case diverted and won’t even show up on my record."
Nick Faussette was incredibly competent and amazingly attentive from the very start.

- Ross M.
"Communicative, honest, pragmatic and highly competent attorneys."
Assess your situation grounded in the law to create a comprehensive strategy to provide the best possible outcome.

- CC
"Her representation was thorough and well prepared."
She is overjoyed, relieved and pleasantly surprised with the simplicity and swiftness.

- James M.
"They've done amazing and incredibly outstanding job."
If I had a way for giving Jacob Faussette 100 stars, I could have done so, but since 5 is the highest, then he deserves all of them.

- Satisfied Client
"I would not hesitate to work with him."
He did such an amazing job and really helped my family.

- Ketsia A.
"Jacob Faussette is the best lawyer ever"
I would recommend anyone to have Jacob fight for your justice.

- Julienne B.
"I'm 100% satisfied!"
Jacob was assigned my case by the public defender's office but worked my case as if I paid him $20,000.

- Gary G.
"I've been affiliated with the Faussette brothers for a while now."
Jake and Nick will fight through a blizzard or sandstorm to make sure your case doesn't turn into ruins.

- Joey B.

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Talk to a Burglary Lawyer Serving Phoenix, Glendale & Chandler

Faussette & Faussette, PLLC represents clients facing burglary and other property crime charges in Phoenix, Glendale, Chandler, and throughout Maricopa County. If you or someone you know has been arrested or charged, don’t wait to get answers. We offer a free 15-minute criminal defense consultation, available in-office or virtually, so you can understand your options without any commitment.

Call Faussette & Faussette, PLLC today at (602) 905-2833 or schedule your free consultation online.

What Happens After a Felony Burglary Arrest in Maricopa County

Understanding the court process can reduce a lot of uncertainty after an arrest. Following a felony arrest in Maricopa County, a defendant typically appears before a judge for an initial appearance, where the charges are explained and bail is addressed. The case then moves to arraignment in Maricopa County Superior Court, where the court generally enters a not guilty plea on the defendant’s behalf and confirms legal representation before setting further dates.

After arraignment, the case enters the pretrial phase. Pretrial conferences give both sides the opportunity to negotiate, exchange evidence, and discuss potential resolutions before anything proceeds to trial. Having a burglary lawyer who knows this process from the start can shape how those early stages unfold and what options remain on the table.

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Your Defense is our priority

At Faussette & Faussette, PLLC, we're always ready to take your calls. Give us a call or fill out the form below to contact one of our team members.

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