How Is Trespass Defined Under Arizona Law?
Trespassing in Arizona is defined as knowingly entering or remaining unlawfully on any public or private property without explicit permission. It is broken down into three degrees. Third degree trespassing is for those that trespass on any real property where there is reasonable notice. Second degree trespassing is given to those that trespass in a non-residential structure or fenced commercial yard. First degree trespassing applies to individuals who enter a fenced residential yard or peer into someone’s home.
The trespassing will be escalated into a felony if the individual trespasses into a residential structure, critical public service facility, or other property to deface or desecrate a religious symbol. In order to be charged with trespassing you must have committed the act knowingly and entered or remained somewhere unlawfully. Entering a residence unlawfully can also result in related breaking and entering charges.
Categories Of Trespass Charges We Defend
Unlawful
Residential Entry
One of the more serious trespassing charges is for unlawful residential entry. If charged, you will be given a Class 6 felony which means fines, prison time, probation, as well as a permanent criminal record. Don’t face your charge alone. Reach out to our lawyers for top-notch legal help!
Fenced Property Encroachment
Examples of fenced property encroachment include climbing over a backyard fence, entering a fenced yard to retrieve something without permission, or remaining in a fenced yard after being told to leave. If you have been accused of any of these acts, you could face first-degree criminal trespass.
Privacy & Surveillance Violations
If you violate someone’s privacy or peep into their home, you could face a Class 1 misdemeanor. The goal of this rule is to stop stalking or burglary before it happens. If you are falsely accused of this form of trespassing or there was a misunderstanding, we can help! Contact us today!
Allegations Of Criminal Property Damage
Whether you’re falsely accused of criminal property damage or guilty, our lawyers are prepared with strong defense options that we will customize to your case. Don’t face a trespassing accusation alone. Make sure you have our skilled lawyers on your side protecting your rights at every turn.
Statutory Degrees Of Criminal Trespass In Arizona
Our Clients’ Testimonials
5-Star Rated Arizona Trespass Defense Law Firm
I worked with Sarah Barrie and she handled my case well, was excellent at communication, and always made sure she was available to me. Highly recommend.
Luke Harris
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10/10 would recommend, they were extremely helpful and made things very easy to understand and provide a clear and concise game plan of the steps that were going to be executed.
Justin Eaton
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Legal Tactics For Combating Trespass Accusations
Challenging Intent Or Knowledge
Trespassing in Arizona requires a person to knowingly enter or remain on a property where they are not welcome. In cases where you did not realize you were trespassing or you believed you had permission to be there, our lawyers can help you put together this fact as a defense.
Suppressing Evidence From Police Misconduct
Police must conduct themselves lawfully. If they do not, evidence collected during the misconduct can be suppressed. In some situations, when certain evidence is excluded, the prosecution’s entire case can become very weak. Our lawyers will protect your rights and ensure evidence was gathered lawfully.
Case Dismissals Via Strategic Pretrial Motions
Our lawyers will do extensive research into the circumstances of your case to see if there are any possible pretrial motions that could dismiss all or part of your case. Whether the alleged facts do not actually prove trespassing, the charging document is legally defective, or something else, we can help.
Fighting Insufficient Evidence Claims
In order for a criminal charge to be successful, there must be evidence of trespass beyond a reasonable doubt. In the event that there is not enough evidence, our lawyers will use this to have some or all of your case dismissed or charges reduced. Talk to our lawyers about the best steps forward in your case.
Essential Steps If You Face A Trespass Charge
1
Gather All Relevant Evidence
Evidence disappears quickly, so as soon as you are accused of trespassing, act fast to secure as much of it as possible. Request surveillance footage, take photos of the property, gather any communication suggesting you were allowed to be there, and more.
2
Document The Incident Thoroughly
Because emotions run high during criminal charges, it can be easy to forget the details of your case. Be sure you write them down as soon after the event as possible. Detail the date and time of the incident, exact location, why you were there, who was present, what was said, and any other interaction.
3
Avoid Discussing Case Details
Do not talk to anyone about the details of your case. Do not try to explain yourself, complain to loved ones, post on social media, or any other type of communication. Everything can be used against you and the less you talk about it, the better chances you and your lawyer will have at success.
4
Hire An Attorney Immediately
It is essential to get a lawyer on your side who has an understanding of Arizona trespassing laws. Your lawyer will investigate your case, fight for your rights, represent you in court, and present a defense. Don’t face your charge alone, hire an attorney for the best possible outcome!
Potential Penalties For Trespassing In Arizona
From jail time to fines to community service, Arizona takes trespassing seriously and the penalties can be harsh. The possible penalties can include:
Why Hire Our Arizona Defense Team For Your Case
Focused Advocacy & Rigorous Evidence Analysis
When you are facing a criminal charge, the sooner you get high-quality legal help, the more options you will have available. Each member of our team is highly trained and skilled to understand the details of your case and put together a strategic and customized defense together. We ensure the facts of your side of the story are heard so you can experience the best possible outcome. Not only that, but we will find evidence to prove your defense and will look for any inconsistencies in the prosecution’s case.
Building Strong Strategies For Favorable Results
Our lawyers will work aggressively to put together an understanding of exactly what happened in your case. We will conduct interviews, find witnesses, locate videos, photos, texts, and GPS data, re-build timelines, and look for any inconsistencies. From there we will challenge any weak evidence against you, and help the prosecution to understand what really happened. In some situations, a plea bargain is the best choice, in others we go to trial with you. No matter what, we will fight for your rights and for the best possible outcome.
Extensive Background In Felony & Misdemeanor Defense
Our lawyers have handled many different types of trespassing cases, including cases for clients throughout the Valley who need a Phoenix trespassing lawyer. From the most serious felonies to much lesser misdemeanors, no case is too difficult. We have successfully navigated false accusations as well as provided favorable outcomes for those that were clearly guilty. We have worked in Arizona’s legal system for decades. This gives us unique insight into Arizona law, the local courts, and how prosecutors build their cases. When you’re facing a life-altering criminal charge, reach out to our lawyers today!
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3847 E Sophie Ln, Phoenix,
AZ 85042, United States
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INFO@MYAZLAWYERS.COM
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