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- What’s the Difference Between Theft, Trespassing, Burglary, and Robbery?
- Is it Considered Trespassing to Enter an Abandoned Property?
- What are Squatters Rights in Arizona?
- Is it Theft if You Take From an Abandoned House?
- FAQ: Burglary and Abandoned Buildings in Arizona
- Contact a Criminal Defense Attorney From CHM
Burglary is a serious offense in Arizona, but what happens when the building in question appears to be abandoned?
Many people assume that entering an abandoned property doesn’t carry the same legal consequences as breaking into an occupied home or business, but this is not always the case.
Arizona law can still consider it illegal to enter or take items from an abandoned building, depending on the circumstances.
Whether the property is truly abandoned, owned by someone, or simply neglected, entering without permission can lead to criminal charges such as trespassing, burglary, or theft. At Colburn Hintze Maletta (CHM), we are committed to defending our clients against these complex charges, ensuring that every aspect of your case is carefully considered to achieve the best possible outcome.
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Is it Illegal to Burglarize an Abandoned Building in Arizona
What’s the Difference Between Theft, Trespassing, Burglary, and Robbery?
Understanding the distinctions between theft, trespassing, burglary, and robbery is crucial in Arizona law, as each offense carries different legal implications and penalties:
- Theft: Defined under Arizona Revised Statutes (ARS) § 13-1802, theft occurs when someone knowingly takes property that does not belong to them with the intent to permanently deprive the owner of it. Theft can range from misdemeanors to felonies, depending on the value of the stolen property.
- Trespassing: Trespassing, outlined in ARS § 13-1502 through § 13-1504, involves unlawfully entering or remaining on someone else’s property. Trespassing can be a misdemeanor or a felony, depending on the circumstances, such as whether the property was fenced or the trespasser was armed.
- Burglary: Burglary, as defined in ARS § 13-1506 through § 13-1508, involves unlawfully entering or remaining in a building or structure with the intent to commit theft or any felony inside. The degree of burglary—first, second, or third—depends on factors like the type of building entered and whether a weapon was involved.
- Robbery: ARS § 13-1902 defines robbery as the act of taking another person’s property by force or threat of force. Unlike burglary or theft, robbery involves direct confrontation with the victim and is considered a more severe crime.
Is it Considered Trespassing to Enter an Abandoned Property?
Entering an abandoned property may seem like a victimless act, but Arizona law still classifies it as trespassing under certain conditions. According to ARS § 13-1502, trespassing occurs when someone knowingly enters or remains unlawfully on another person’s property. The key issue is whether the property is truly abandoned or still owned by someone, even if it is not actively being used or maintained.
If the property is still owned, even in a state of disrepair or neglect, entering without permission can be classified as trespassing.
The penalties can vary depending on whether the property was fenced or posted with “No Trespassing” signs and the specific intent of the person entering the property.
What are Squatters Rights in Arizona?
Squatters’ rights, also known as adverse possession, allow someone who has lived on an abandoned or unoccupied property for a certain period to potentially claim ownership.
A person can acquire legal title to a property if they have occupied it continuously, openly, and without the owner’s permission for at least ten years.
However, squatters’ rights are complex and not automatically granted. The individual must also meet other legal requirements, such as paying property taxes and making improvements to the property.
Is it Theft if You Take From an Abandoned House?
Taking items from an abandoned house can still be considered theft under Arizona law. ARS § 13-1802 defines theft as taking property with the intent to permanently deprive the owner, regardless of the property’s condition or the owner’s apparent abandonment.
Even if a house appears abandoned, it is likely still legally owned by someone, and taking items from it without permission could result in theft charges. The value of the items taken can determine whether the theft is charged as a misdemeanor or felony, affecting the severity of potential penalties.
FAQ: Burglary and Abandoned Buildings in Arizona
- What constitutes burglary in an abandoned building? Burglary involves unlawfully entering an abandoned building with the intent to commit theft or any other felony inside. This is a criminal offense under Arizona law.
- Can I be charged with burglary if I didn’t steal anything from the abandoned property? Yes, you can still be charged with burglary if you entered the building with the intent to commit a crime, even if no theft or felony actually occurred.
- Are the penalties for burglarizing an abandoned building different from burglarizing an occupied one? The penalties can be similar, depending on the circumstances, such as whether you were armed or if the building was a residence. The type of building and intent can affect the degree of the burglary charge.
- How can I prove a building was truly abandoned to defend against trespassing or burglary charges? Proving a building was abandoned can be challenging and typically requires evidence that the property was not maintained, occupied, or that ownership is unclear. A skilled attorney can help develop this defense.
- Can taking items from an abandoned building be considered theft? Yes, taking items from an abandoned building can be considered theft if the property is still legally owned by someone. Arizona law protects the rights of property owners, even if the property is not actively maintained.
- Do squatters have any legal rights in Arizona if they occupy an abandoned building? Squatters may acquire legal rights through adverse possession if they meet specific criteria, such as continuous and open occupancy for a minimum of ten years and paying property taxes. However, this is a complex area of law.
- Can I be charged with both trespassing and burglary for entering an abandoned building? Yes, you can be charged with both trespassing and burglary if you unlawfully enter an abandoned building and intend to commit a crime inside. Trespassing is typically considered a lesser included offense within burglary.
- Does the condition of the building affect whether entering it is considered a crime? The building’s condition, such as whether it is boarded up or clearly abandoned, may influence the case, but it does not eliminate the possibility of criminal charges like trespassing or burglary.
- Are there specific laws in Arizona related to the burglary of commercial versus residential abandoned properties? Yes, Arizona law differentiates between residential and commercial properties in terms of burglary charges. Burglary of a residential property is generally treated more severely than commercial burglary, even if the building is abandoned.
Contact a Criminal Defense Attorney From CHM
If you are facing charges related to burglary, trespassing, or theft in Arizona, having a knowledgeable and experienced criminal defense attorney on your side is essential. At Colburn Hintze Maletta (CHM), we understand the complexities of Arizona’s criminal laws and are dedicated to protecting your rights.
Our team meticulously reviews every detail of your case, crafting a defense strategy tailored to your unique situation. Whether negotiating plea deals, challenging evidence, or representing you in court, CHM is committed to achieving the best possible outcome for you. We pride ourselves on our client-centered approach, ensuring you feel supported and informed throughout the legal process.
If you’re facing charges, contact CHM today at (602) 825-2500 for a consultation. Let our experienced team fight for your rights and work toward the best possible outcome.
David Maletta is a widely respected criminal defense attorney with over 23 years of experience and has worked on over 1,000 cases and has successfully won over 100 jury trials. David graduated from Northern Arizona University, Magna Cum Laude in 1993 with a degree in Psychology. Shortly thereafter, he earned his Juris Doctor degree from Seton Hall University School of Law in 1998. He has extensive experience in criminal and DUI matters, homicide, sexually-based offenses, domestic violence, white-collar crimes, and various misdemeanor crimes.
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I had a great experience working with attorneys Alysa and Kimberly. They were both very professional and helped me through the whole legal process. Making it as easy as possible for me even while I was out of state they represented me and I couldn’t be happier with the outcome. They also made me part of the team they didn’t just treat me like a client they took my input and really listened to everything I said. They were awesome and I will continue to recommend them and their office to anyone. If you need someone in your corner definitely reach out to them!
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I recently consulted with Darin after my wife filed for divorce. He was referred to me by a friend whom I very much trust. Darin was the antithesis of the first two attorneys I consulted (who were matter-of-fact and had very little empathy about the fact that I was struggling emotionally with what was transpiring). From the first few minutes of speaking with Darin, it was obvious that he was very knowledgeable and skilled with divorce and family matters. While that was most important to me, the thing that made the difference was his calming, logical, and empathetic approach. He took the time to listen and empathize with me. He took the time to understand what I wanted to achieve through this process and laid out my options. After the consultation, I knew he would be my attorney if I had to pull the trigger. I, ultimately, didn’t have to engage Darin’s services due to a reconciliation with my wife. I hope I never have to go through that process again. However, if I do, I know beyond a shadow of a doubt who I will be hiring to represent me…Darin R. Colburn. Darin, thank you for caring and being more than an attorney.
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Juanita assisted me with two important life matters- a divorce and a will. She is extremely patient, and kind and offers important advice. If I need her again I would not hesitate for one second. She would be the one to call, and I highly recommend her.
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Hiring Tim was one of the best decisions I’ve ever made. He cared about my case and worked on it on a personal level. I didn’t have to check in often but when I did, it was obvious that he was still working hard. He went out of his way to get facts, evidence, and information that would help my case. When the prosecutor wasn’t doing their job, he made sure that I got the best outcome possible. I would recommend Tim to any of my family and friends with full confidence that they would get a desirable outcome.
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David was an amazing attorney when I needed someone to defend me with my speeding ticket. He helped me win a case that was not in my favor. He knows what he’s doing and takes his time with each case. He is so experienced and could probably help with just about any issue. 10/10 Recommend
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It was a pleasure working with Juanita Peña, she is very knowledgeable and is there with you through the whole process. Excellent customer service. I will be referring my family and friends.
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I was lucky to work with Attorney Tim Hintze on my family law matter, and I can’t thank him enough for the help he provided. He handled my contested divorce with such professionalism and skill, which really put my mind at ease. His guidance throughout the legal process was incredibly valuable, and he made sure to take care of every little detail in the court orders. Having Attorney Hintze by my side gave me so much peace of mind. He really listened to my concerns and offered thoughtful solutions. I would wholeheartedly recommend Attorney Hintze to anyone dealing with legal challenges, and I will always appreciate his support.
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Jessica Hernandez is my lawyer. She did an awesome job in everything, especially asking questions to the opponent and me. I can’t thank her enough for the care she showed me throughout the whole case and she’s really good at explaining and guiding me in this kind of case. She’s an outstanding attorney and we won the case. She was so smart and very detailed in everything and she’s well prepared to defend me that the judge and my opponents’ attorney didn’t even ask questions to me. I thank David for giving me Jessica to represent me, and also to the whole team for doing a great job. If you need lawyers, I highly recommend Colburn Hintze Maletta PLLC.