Phoenix Criminal Trespassing Attorney

What Is Trespassing in Arizona?

Trespassing in Arizona occurs when a person enters or remains on someone else’s property without permission. This can include private land, homes, or fenced areas. Arizona law distinguishes between criminal trespassing, which may involve fines or jail time, and civil trespassing, which could lead to lawsuits. Understanding trespassing laws helps property owners protect their rights and individuals avoid legal consequences.

Trespassing under Arizona Law

In Arizona, trespass is defined under various statutes, primarily A.R.S. § 13-1502, § 13-1503, and § 13-1504, depending on the severity and circumstances of the offense. It involves knowingly entering or remaining unlawfully on any property. The severity of the charge can vary from a misdemeanor to a felony, depending on factors such as the type of property trespassed upon and the trespasser’s intent.

Penalties for Trespassing in Arizona

Trespassing laws in Arizona are taken seriously, and understanding the potential penalties can help you avoid costly legal consequences. Whether you’ve been charged or want to understand your rights, it’s important to know how trespassing is defined and punished under Arizona law, especially in cities like Phoenix.

First-Degree Criminal Trespass (A.R.S. § 13-1504)

This is the most serious trespassing offense in Arizona. A person commits first-degree trespass by knowingly:

• Entering or remaining in or on a residential structure without permission.
• Entering or remaining unlawfully in a fenced commercial yard.
• Entering a property after being requested to leave by law enforcement, the owner, or signage.
• Looking into a residential structure with the intent to invade privacy (a form of “peeping”).
  

Penalties:

• Class 6 felony (for residential trespass): Up to 2 years in prison, fines, and a felony record.
• Class 1 misdemeanor (for commercial/fenced property): Up to 6 months in jail, $2,500 fine, and 3 years of probation.
  

Second-Degree Criminal Trespass (A.R.S. § 13-1503)

This involves knowingly entering or remaining unlawfully in or on a nonresidential structure or fenced commercial yard.

Penalties:

• Classified as a Class 2 misdemeanor.
• Punishable by up to 4 months in jail, $750 in fines, and 2 years of probation.
  

Third-Degree Criminal Trespass (A.R.S. § 13-1502)

This is the least severe offense and applies when someone:

• Unlawfully enters or remains on real property after a reasonable request to leave.
• Enters property with signage or verbal notice prohibiting entry.
  

Penalties:

• Class 3 misdemeanor.
• Carries up to 30 days in jail, $500 in fines, and 1 year of probation.

Your Rights in Trespass Cases

Feldman & Royle advises that if you are accused of trespass, you have the right to legal representation. It’s crucial to seek a Phoenix trespass lawyer experienced in handling such cases under Arizona law. You are entitled to due process, which includes the right to challenge the prosecution’s evidence and present your defense.

Hire a Phoenix Criminal Trespassing Lawyer

Defenses against trespass charges can vary widely. At Feldman & Royle, our Phoenix criminal defense attorneys often explore defenses such as challenging the evidence of unlawful entry or intent, asserting the right to be on the property, or arguing that the property was not clearly marked as private. In some cases, demonstrating a lack of knowledge that the entry was unauthorized can be a key defense. With a deep understanding of Arizona law, Phoenix Criminal Trespassing Lawyers at Feldman & Royle are equipped to evaluate every angle of your case and build a strong, personalized defense aimed at minimizing or dismissing the charges entirely.