In Arizona, possessing what are termed “burglary tools” can lead to serious felony charges, even if no actual burglary has taken place. These laws are designed to prevent crimes before they occur, but they are broad and can encompass a wide range of items. When it comes to car theft, the definition of burglary tools becomes particularly relevant. This article will delve into Arizona’s laws regarding possession of burglary tools, specifically in the context of car theft, helping you understand what constitutes these tools and the potential legal ramifications.
What Constitutes Burglary Tools in Arizona?
Arizona Revised Statute (A.R.S.) 13-1505 outlines the law concerning “Possession of burglary tools; master key; manipulation key; classification.” It’s crucial to understand that Arizona law does not provide a specific list of items that are automatically classified as burglary tools. Instead, the law is intentionally broad to cover any instrument that could be used or adapted for unlawful entry and burglary.
Definition from A.R.S. 13-1505
According to A.R.S. 13-1505, you could face charges for possession of burglary tools if:
- You possess any tool, instrument, explosive, or article that is either “adapted” or “commonly used” to commit burglary in the first, second, or third degree. Critically, this possession must be accompanied by the “intent” to use these items for burglary, or to allow someone else to use them for that purpose.
- You are involved in the buying, selling, transferring, possessing, using, or manipulating an auto key or master key with the intent to commit auto theft. This also includes unlawful entry into a vehicle to steal its contents or any part of the vehicle. It’s important to note that this section includes an exception for individuals using master keys in their lawful profession, such as licensed car dealers, vehicle manufacturers, or locksmiths, engaged in authorized business activities.
The Broad Scope of “Burglary Tools”
The expansive wording of the law means that even everyday items can be considered burglary tools if you possess them with the intent to commit burglary or car theft. For example, a screwdriver, pliers, or even a common kitchen utensil could be classified as a burglary tool if the prosecution can demonstrate that you intended to use it for unlawful entry or car theft. The key element is “intent.” The prosecution must prove beyond a reasonable doubt that you not only possessed the tool but also had the specific intent to use it for burglary or car theft.
Penalties for Possession of Burglary Tools in Arizona
In Arizona, possession of burglary tools is classified as a Class 6 felony. For a first-time offense, a conviction can result in a maximum prison sentence of up to two years. However, the penalties can be significantly harsher. If you have prior felony convictions, or if there are aggravating factors involved in the alleged offense, the prison sentence can increase to 5.75 years or more.
Beyond imprisonment, other penalties may include:
- Victim restitution, requiring you to compensate any victims for their losses.
- Forfeiture of property, meaning the court could seize assets believed to be connected to the crime.
- Substantial fines and fees.
- Other penalties as determined by the court.
Need Legal Defense for Burglary Tool Charges?
If you have been arrested or charged with possession of burglary tools in Arizona, it is imperative to seek the advice of an experienced Arizona criminal defense attorney immediately. A skilled attorney can evaluate the specifics of your case, challenge the prosecution’s evidence, and build a strong defense on your behalf. A knowledgeable lawyer can explore options such as getting the charges dismissed, negotiating for reduced charges, or mitigating the potential penalties.
Facing felony charges like possession of burglary tools can be daunting. Understanding the law and securing competent legal representation is crucial to protecting your rights and your future.
