The penalty for violating a no trespassing order in Arizona can include jail sentences, civil fines, and other administrative punishments. Trespassing can be charged as a misdemeanor or felony crime, depending on the severity of the offense.
If you are facing criminal charges for trespassing, you need a Phoenix criminal defense lawyer to protect your rights and interests. An attorney can argue for reduced charges or fight for a case dismissal or acquittal at trial.
Arizona’s Trespassing Laws
Trespassing involves knowingly and unlawfully entering or remaining on private property after being asked to leave by the rightful owner. Arizona divides trespassing offenses into three degrees, from least to most severe:
Third-Degree Trespassing
Third-degree trespassing is defined by ARS 13-1502 as knowingly entering real property without the owner’s permission or remaining after the owner tells you to leave. Entering the right-of-way or switch yard for a railroad company is also third-degree trespassing.
Second-Degree Trespassing
Second-degree trespassing consists of knowingly entering a fenced commercial yard or non-residential property without the owner’s permission or remaining when asked to leave. A “fenced commercial yard” is any real property unit used for commercial purposes that has a fence or similar barrier surrounding it.
First-Degree Trespassing
First-degree trespassing is the act of knowingly and unlawfully entering another person’s residential structure or refusing to leave when asked. First-degree trespassing also includes violating privacy by looking into residential structures or entering a property with the intent to desecrate or mutilate a religious symbol.
Burglary vs. Trespassing in Arizona
Burglary and trespassing are related but distinct criminal offenses. Both involve illegally entering property, but burglary requires the intent to commit a crime separate from simply entering the property. For example, trespassing into someone’s home with the intention of stealing their valuables would be burglary, even if the theft didn’t actually occur.
Penalties for Violating Trespassing Laws in Arizona
Trespassing can be punished as a misdemeanor or felony, depending on the degree of the offense. Below are the various penalties for violating a no-trespassing order in Arizona:
- Third-degree trespassing is a Class 3 misdemeanor, punishable by up to 30 days in prison and a maximum $500 fine.
- Second-degree trespassing is a Class 2 misdemeanor and carries a maximum of four months in jail and a fine of up to $750.
- First-degree trespassing is typically charged as a Class 1 misdemeanor that can carry a jail sentence of up to six months and a $2,500 fine.
First-degree trespassing can also be charged as a Class 6 felony if the offender unlawfully enters a residential structure with the intent to deface a religious symbol. A Class 6 felony is a much more serious charge that can carry an 18-month sentence in state prison and a fine of up to $150,000.
In addition to these criminal penalties, offenders may face other punishments, such as probation or mandatory community service.
Owner Must Post Proper Notice for Trespassers
In order to enforce criminal trespassing laws, property owners generally must post a reasonable notice indicating that entrance is prohibited. According to best practices, owners must place a legible “no trespassing” sign at property entrances that notifies trespassers of the relevant trespassing laws.
A verbal warning can constitute proper notice, but physical signs are stronger evidence that the defendant knowingly entered the property without permission. If there is no readily visible notice, it could significantly weaken the prosecution’s case.
Common Defenses to Trespassing Charges
Below are some of the most common strategies a criminal defense lawyer can use to defend you against charges of trespassing in Arizona:
- No knowledge. Trespassing requires the offender to knowingly and intentionally enter a property unlawfully. If a person accidentally wandered onto private property, they lack the intent to commit trespassing.
- Lawfully on the property. The defendant may have been on the property legally. For example, they could have a valid easement that allows them to cross or have the permission of the owner.
- Public necessity. An emergency could require the defendant to justifiably enter private property without permission. For example, a person who enters private property without permission to stop a fire or similar emergency would not be trespassing.
- Property boundary dispute. There may be legitimate disputes about property boundaries such that the offender has a reasonable belief they were legally on their own property.
Contact an Arizona Criminal Defense Lawyer Today
A trespassing conviction can have undesirable impacts on your personal and professional life, especially if your trespassing is part of a pattern of prior criminal behavior. Even if it’s a minor misdemeanor charge, you should work with experienced legal representation to seek the best possible resolution to your case.
Do you have more questions about the penalties for violating a no trespassing order in Arizona? If so, contact Suzuki Law Offices today to speak with a criminal defense lawyer in Phoenix. We are your voice in action.
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