How Does Burglary Differ from Theft?

There are many different types of theft, and depending on the type you’re charged with, your attorney will need to adapt their strategies to best protect your rights.

Title 13 of the Arizona Criminal Code defines theft in a variety of ways that include:

  • Controlling another's property with the intent to deprive them of the property
  • Converting another's services or property entrusted to you for an unauthorized use
  • Obtaining another person's property through misrepresentation
  • Coming into control of lost, mislaid or misdelivered property without making a reasonable attempt to notify the owner
  • Controlling the property of another when knowing or having reason to know that the property was stolen
  • Obtaining services known to be available only for compensation without paying or agreeing to pay compensation
  • Without lawful authority, knowingly taking control, title or use or management of a vulnerable adult's property while acting in a position of trust and intending to deprive the vulnerable adult of the property

By comparison, burglary is defined under Arizona statutes as entering or remaining unlawfully on residential or commercial property or entering a vehicle with the intent to commit theft or any felony. You do not have to actually steal something to be convicted of burglary. The intent to steal or commit a felony is sufficient to charge for burglary.

In cases involving a Tucson theft charge attorney, an experienced attorney can explain the potential penalties involved with theft offenses and seek reduced or even dropped charges against you.

Our attorneys at Nesci & St. Louis, PLLC focus our entire practice on criminal law — bringing extensive experience and knowledge to every case we handle.


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