Criminal Trespassing in Arizona
An individual trespasses when they unlawfully enter the property of another individual or group without having received permission to do so, enter property for which signage prohibits trespassing, or after being told to leave the property by law enforcement or a lawful property owner/agent. The state of Arizona classifies criminal trespassing as either a misdemeanor or felony and breaks it down into the following charges:
Criminal Trespassing in the Third Degree
According to A.R.S. 13-1502, an individual can be charged with criminal trespass in the third degree for:
- Knowingly entering, or remaining unlawfully on, real property where there is a reasonable notice prohibiting entry.
- Knowingly entering, or remaining unlawfully on, real property after being reasonably asked to leave by a law enforcement officer or someone having lawful control of the property.
- Knowingly entering, or remaining unlawfully on, the right-of-way tracks, storage/switching yards, or rolling stock of a railroad company.
Criminal trespass in the third degree is a class 3 misdemeanor, which can result in up to a month of incarceration.
Criminal Trespassing in the Second Degree
According to A.R.S. 13-1503, an individual can be charged with criminal trespass in the second degree for:
- Knowingly entering, or remaining unlawfully in or on, a nonresidential structure.
- Knowingly entering, or remaining unlawfully in or on, any fenced commercial yard.
Criminal trespass in the second degree is a class 2 misdemeanor, which can result in up to 4 months of incarceration.
Criminal Trespassing in the First Degree
According to A.R.S. 13-1504, an individual can receive the following charges, and be charged with criminal trespass in the first degree, for:
- Entering, or remaining unlawfully in or on, a residential structure (class 6 felony).
- Entering, or remaining unlawfully in a fenced residential yard (class 1 misdemeanor).
- Entering a residential yard without lawful authority and looking into the residential structure, infringing on the inhabitant’s right to privacy (“peeping”) (class 1 misdemeanor).
- Unlawfully entering real property subject to a valid mineral claim or lease (illegal mining) (class 1 misdemeanor).
- Entering, or remaining unlawfully on, someone else’s property and desecrating/destroying a religious symbol or religious property without permission of the property owner (class 6 felony).
- Entering, or remaining unlawfully in or on, a critical public service facility (class 5 felony).
Criminal trespass in the first degree has different penalties depending on the type of charge given. For first time offenders, a class 1 misdemeanor can result in up to 6 months of incarceration, a class 6 felony can result in up to 2 years of incarceration, and a class 5 felony can result in up to 2.5 years of incarceration.
RIDEOUT LAW GROUP
With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
Our goal is for the best outcome for your criminal case, which can include:
- charges that are reduced or dropped.
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At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.
Call us today for a free consultation at 480-584-3328.