Click to Get Free Consultation

Criminal Trespassing in Arizona – ARS 13-1502, 13-1503 & 13-1504

In the Phoenix area or anywhere else in the state of Arizona, as per A.R.S. §13-1502, §13-1503 and §13-1504, the crime of Trespass generally occurs when an individual knowingly steps onto or into a property after being told to leave. It can also occur when they do not have permission to enter or remain on the premises by the owner or when there is a sign warning against trespassing.

There are varying degrees of this criminal activity. Per A.R.S. §13-1504, first degree criminal Trespass is when a person enters or stays on a residential structure or fenced in residential yard in an unlawful manner while looking into that structure without regard of the privacy of the individuals inside. Another means of the crime in the first degree can occur if an individual is on a property without claim to work, take hold of or investigate minerals on the property. In addition, first degree criminal Trespass occurs when a person is found going into or staying in a public service facility in an unlawful manner or damaging property while on a property, such as defacing a religious symbol. First degree trespass can be either a felony or misdemeanor depending on the severity of the offense.

Second degree criminal Trespass, per A.R.S. §13-1503, occurs when an individual unlawfully enters or stays on a non-residential building or commercial yard that is fenced in. Third degree criminal Trespass, per A.R.S. §13-1502, occurs after a person has been told by the owner of a property or another individual who has control over it to leave but they refuse to. Third degree criminal Trespass can also occur when a person has violated a sign warning trespassers. An example is someone who stands unlawfully on the train tracks or railroad company property and preventing a train from moving forth. Second and Third degree Trespass are considered misdemeanors by the State of Arizona.

 

Penalties for Criminal Trespassing in Arizona

The penalty for criminal trespass in Arizona varies depending on the charge. When someone is found to be in the first degree, it is considered a class six felony and can involve unlawful entering or remaining in a residential building or critical public service facility or religious artifact defacing. As a result of this offense, an individual can receive probation as well as zero days to one year jail time, or prison time lasting four months to two years. If the individual has one prior felony conviction, the punishment is “prison only” that can last nine months to two and two and three quarter years. With two previous felony convictions, the individual can see two and one quarter to five and three quarters of prison time.

If the offense involves an individual entering or staying on a fenced in property and looking in on others or illegally mining in the area, it is considered a class one misdemeanor. Punishment for a class one misdemeanor can be probation with zero days to six months of jail time and a fine of as much as $2,500 with a surcharge of 84 percent. In the case of second degree criminal Trespass, it is a class two misdemeanor, which carries a punishment of probation, up to four months of time in jail and a fine of $750 with an 80 percent surcharge. When the individual is charged with a third degree crime, it is a class three misdemeanor, which has a punishment of probation and up to 30 days in jail. Additionally, there can be a fine that includes a surcharge of 80 percent.

 

Defenses for Criminal Trespassing in Arizona

There are a few possible defenses for trespassing. In general, however, the key is for a criminal defense lawyer to prove that the defendant did not intend to commit the crime. In other words, the attorney must prove that the individual did not realize they could not be on or remain on the property. Another possible defense is that the individual who asked the defendant to leave did not have the authority to do so. The criminal defense attorney will have to bring evidence forth about their client’s good character and that the individual who asked them to leave has the habit of overreacting.

Other possible defenses for Trespass include violation of Miranda rights, which, in Arizona, means the individual was not informed of their rights when being arrested. There is also the denial of right to counsel defense that means the defendant was not allowed to speak with a lawyer after being taken into custody. There is also the possibility of proving forensic flaws.

Trespassing charges in Arizona are a criminal matter, you will need the skills of an excellent criminal defense lawyer. David Michael Cantor is a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization and our law firm is AV® rated with the highest possible rating by Martindale Hubbell®. For a free case review, please give our offices a call, 24 hours a day at (602) 737-2812 or use our confidential email form.

Comparison Questions to Ask When Hiring a Lawyer

Request a Free Consultation

Fill out the form below to recieve a free and confidential intial consultation.

Click here for important legal disclaimer.


CURRENT/PAST ASSOCIATIONS & AWARDS


10.0 Superb Rating AVVO Criminal Defense

10.0 Superb Rating
AVVO Criminal Defense

AV-Highest Rated Preeminent Lawyers Martindale-Hubbell

AV-Highest Rated Preeminent Lawyers
Martindale-Hubbell


Life Member
National Association of Criminal Defense Lawyers

Super Lawyer Criminal & DUI Defense

Super Lawyer
Criminal & DUI Defense

Nation's Top 1% Attorney National Association of Distinguished Counsel

Top 1% Attorney
National Association of Distinguished Counsel

Top 100 Trial Lawyers (Criminal Defense) American Trial Lawyers Association

Top 100 Trial Lawyers
(Criminal Defense)

American Trial Lawyers Association

Top 10 DUI/DWI Law Firm American Institute of DUI / DWI Attorneys

Top 10 DUI/DWI Law Firm
American Institute of DUI / DWI Attorneys

Client Satisfaction Award American Institute of DUI / DWI Attorneys

Client Satisfaction Award
American Institute of DUI / DWI Attorneys

Top 100 Lawyer American Society of Legal Advocates

Top 100 Lawyer
American Society of Legal Advocates

Member National College for DUI Defense

Member
National College for DUI Defense

Top 10 Attorney National Academy of Criminal Defense Attorneys

Top 10 Attorney
National Academy of Criminal Defense Attorneys

Charter Member Trial Masters

Charter Member
Trial Masters

Member DUI Defense Lawyers Association

Member
DUI Defense Lawyers Association

Lifetime Charter Member Best Attorneys of America

Lifetime Member
Best Attorneys of America

Member American Bar Foundation

Member
American Bar Foundation

Sustaining Member Arizona Trial Lawyers Association

Sustaining Member
Arizona Trial Lawyers Association

America's Top 100 Criminal Defense Attorneys

Member
America's Top 100 Criminal Defense Attorneys

Member American Association for Justice

Member
American Association for Justice

Life Member Arizona Attorneys for Criminal Justice

Life Member
Arizona Attorneys for Criminal Justice

Superior DUI Attorney National Advocacy for DUI Defense

Superior DUI Attorney
National Advocacy for DUI Defense

Superior DUI Attorney National Advocacy for DUI Defense

2019 Litigator of the Year
(Criminal Law)

American Institute of Trial Lawyers

Member Since 1989 American Bar Association

Member Since 1989
American Bar Association

Ranking Arizona

Voted #1 DUI Team (2020)
Ranking Arizona

DUI Expertise

Best DUI Lawyers in Phoenix
Expertise

DM Cantor Criminal Defense

Call 24/7 602-307-0808

40 N Central Ave, Ste 2300
Phoenix, AZ 85004
Click here for Directions

For Family Law questions please go to Cantor Law Group.
Call Now Button