Under Arizona Law, trespassing is when someone enters or remains on another person’s property without permission or after being asked to leave. There are three degrees of criminal trespass, with each one addressing various levels of seriousness and consequences.
Trespassing may involve residential, commercial, industrial, or public areas, which could contribute to determining whether you’re charged with a misdemeanor or a felony.
Because there are so many factors to consider, it can be hard to understand which Arizona laws apply to your case. A Phoenix criminal defense lawyer from Suzuki Law Offices can assess your trespassing charges and advise on the best approach based on the specific circumstances.
How Trespassing is Defined Under Arizona Law
Criminal trespassing in Arizona falls under one of three classifications: third degree, second degree, or first degree. Charges are often based on the type of land involved, your intentions, and other circumstances associated with the incident.
Our criminal defense lawyers at Suzuki Law Offices break down the differences below:
Third Degree
Third degree trespassing is treated as a Class 3 misdemeanor as outlined under A.R.S. § 13-1502. This is when someone knowingly enters a property despite being given reasonable notice not to. It also applies if you remain on a property after law enforcement or the property owner has asked you to leave.
Examples of third-degree trespassing include:
- Refusing to leave private property after the owner asked you to.
- Entering private land where there are “no trespassing” signs.
Second Degree
Second-degree trespassing is similar to third-degree trespassing, only it applies to non-residential structures and fenced commercial yards. Under A.R.S. § 13-1503, this is seen as a Class 2 misdemeanor.
Examples of second-degree trespassing include:
- Returning to a bar after being removed from the premises by law enforcement.
- Entering a closed business after hours without permission.
- Remaining inside an office building after being asked to leave.
First Degree
As the most serious offense under Arizona law, first degree trespassing comes with the harshest consequences. A.R.S. § 13-1504 covers any residential structure, fenced residential yard, and certain protected areas.
Like the other two instances, it applies to entering or remaining on a property unlawfully. However, first-degree trespassing also covers burning, defacing, mutilating, or otherwise desecrating a religious symbol or other religious property without the owner’s permission.
Depending on the circumstances, first-degree trespassing may be treated as a Class 1 misdemeanor, Class 6 felony, or Class 5 felony.
Examples of first-degree trespassing include:
- Entering or remaining in someone’s home or garden without permission.
- Entering a critical public service facility, such as a water treatment plant, without permission.
- Remaining on private property while burning a religious symbol.
If you’ve been charged with any degree of trespassing under Arizona law, the team at Suzuki Law Offices is prepared to defend you.
Potential Penalties for Trespassing in Arizona
When being charged with trespassing under Arizona law, you may face several penalties. However, this will depend on whether you’re accused of a misdemeanor or a felony. Here’s a quick overview of what the consequences might look like:
- Third–degree trespassing: A Class 3 misdemeanor, which could earn you up to 30 days in jail and up to $500 in fines.
- Second-degree trespassing: A Class 2 misdemeanor, which could earn you up to four months in jail and up to $750 in fines.
- First–degree trespassing: May be treated as either a Class 1 misdemeanor, Class 5 felony, or Class 6 felony, with various consequences. This could include lengthy jail time or prison time and increased fines.
If you’re charged with any of the above offenses, you may also be given probation and will likely receive a permanent mark on your criminal record. At Suzuki Law Offices, we will work hard to investigate your case and build a defense that aims to get these charges reduced or dismissed.
How a Lawyer Will Defend Your Trespassing Case
Depending on the facts of the case, an attorney will craft a compelling argument that looks to ease the charges against you or get them dismissed entirely. Some of the most common arguments include lack of intent, mistaken identity, zero notice, and emergency circumstances.
Lack of Intent
When looking at what is considered trespassing under Arizona law, we’re often dealing with people who knowingly enter private property. If you unknowingly walk into a restricted area, this could work as a compelling defense against the prosecution.
Mistaken Identity
Sometimes people can make mistakes. Police may have arrested the wrong person, or you could have been ID’d incorrectly by the property owner. If it wasn’t you and you have a strong alibi, this could really help your case.
Zero Notice
Under Arizona law, reasonable notice must be given to prevent trespassing. So, if a property owner fails to provide signage or tell you verbally that a specific area is off–limits, this could support your defense.
Emergency Circumstances
Our team at Suzuki Law Offices could argue that emergency circumstances justified your trespassing.
Entering private property to help someone who has fallen or because you’re trying to escape an emergency situation could be an effective argument against trespassing charges. It shows that you went into the area out of necessity rather than disregarding the law.
How a Lawyer Can Help with Your Arizona Trespassing Case
Suzuki Law Offices can help you understand exactly what is considered trespassing under Arizona law and how the different classifications apply to your case. Our team has a tremendous amount of experience after spending 20-30 years supporting clients with various legal issues.
With a former federal prosecutor on our side, we know exactly how the other side approaches criminal cases. We can counter any tactics with ease, all while building the strongest defense for your case.
Get in touch with our legal team today and book a free consultation. We’re available 24/7, even on weekends.
Call or text (602) 682-5270 or complete a Free Case Evaluation form