Arizona Trespassing Lawyer

Protecting Your Rights Against Arizona Criminal Trespass Charges

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    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. Individuals who trespass in a fenced residential yard or for peeping 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.

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    Categories Of Trespass Charges We Defend

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    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!

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    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.

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    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!

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    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

    • Third Degree Criminal Trespass Offenses

      Third degree criminal trespass is the lowest of the degrees and is typically given for trespassing on land rather than entering buildings. It is not as serious and comes with lesser penalties. In most cases, third degree criminal trespass will land you with a Class 3 misdemeanor. Even though the charge is low, it can still affect your life so be sure to get a skilled lawyer on your side.

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    • Second Degree Criminal Trespass Offenses

      Second degree criminal trespass examples include entering a closed warehouse without permission, going into a business after hours when now allowed, remaining inside a commercial building after being asked to leave, or entering a fenced industrial yard without authorization. To be charged, prosecutors must prove that you knowingly trespassed.

    • First Degree Criminal Trespass Offenses

      First degree criminal trespass is the most serious of the trespassing charges. It typically is a Class 6 felony or a Class 1 misdemeanor. Arizona takes trespassing very seriously and you could face months to years in prison for doing so. Our lawyers have years of experience and are prepared to put together a strong defense to protect your rights and fight for the best possible outcome.

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    5-Star Rated Arizona Trespass Defense Law Firm

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    I’m so glad I chose MY AZ Lawyers. This firm has treated me with respect and kindness. They have all worked to help me so much. And there has always been someone willing to talk with me and answer questions. Nick is so nice and great at explaining things. And Jacqueline is extremely knowledgeable. Just to name a few. Thank you for all the hard work and help. I would definitely recommend this firm.

    A. G
    ★★★★★

    I am so thankful for My AZ Lawyers! They worked hard on my case, particularly with criminal law (DUI). Their attention to detail was impeccable, and their customer service is top-notch. I highly recommend this firm to anyone who needs legal assistance.

    D. R
    ★★★★★

    I highly recommend this law firm. Bryce was the attorney that handled my DUI case. He handled everything for me and explained things to where I could easily and fully understand. Bryce was very professional and helpful. Everyone I spoke with over the phone was helpful and friendly as well. The billing process was simple and affordable.

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    Essential Steps If You Face A Trespass Charge

    Step 1: Invoke Your Right To Remain Silent And Call A Lawyer

    1

    Gather All Relevant Evidence

    Evidence goes away quickly so as soon as you are accused of trespassing, take action in securing as much evidence as possible. Request surveillance footage, take photos of the property, gather any communication suggesting you were allowed to be there, and more.

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    Step 2: Preserve Independent Evidence

    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.

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    Step 3: Allow Us To Conduct A Thorough Investigation

    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.

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    Step 4: Negotiating Plea Agreements Or Dismissals

    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!

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    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:

    • Court Ordered Community Service

    • Probation Periods Up To Three Years

    • Statutory Fines & Required Surcharges

    • County Jail Incarceration

    • Potential Sentencing To Arizona State Prison

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    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.

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    Extensive Background In Felony & Misdemeanor Defense

    Our lawyers have handled many different types of trespassing cases. 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 giving us unique perspectives into Arizona law as well as the local prosecutors and how they work. When you’re facing a life-altering criminal charge, reach out to our lawyers today!

    Charged With Trespassing? Reach Out Today

    Dedicated Trespass Defense Serving Arizona Communities

    3847 E Sophie Ln, Phoenix,
    AZ 85042, United States
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    3847 E Sophie Ln, Phoenix, AZ 85042, United States

    FAQs About Trespassing Defense

    There are both misdemeanor and felony classes for trespassing charges, though most often trespassing is classified as a misdemeanor. Trespassing misdemeanors include knowingly entering or remaining on a property after being asked to leave, unlawfully entering a non-residential structure, fenced in residential yard, or peering into someone’s windows. The trespassing becomes a felony when an individual enters or remains inside a residential structure, or unlawfully enters a critical public service facility. Our lawyers represent both types of trespassing charges to be sure to contact us right away.

    The statute of limitations depends on how severe your trespassing charge is. If you are facing a trespassing misdemeanor, the statute of limitations is only one year. If you are facing a trespassing felony, the victim has 7 years to file a charge against you. If you are being accused and are unsure if it is lawfully within the statute of limitations, reach out to our lawyers and we can help determine if the case against you is valid or not.

    Yes they can! In fact, when you hire our lawyers, we fight to protect your rights and ensure the best possible outcome in your case. This often means we will find a way to negotiate reduced charges and penalties or get your case dismissed altogether. We can do this through plea deals, finding where your rights were violated, and more. Contact us today to schedule a free consultation and we will look over your case to determine the best path forward

    The answer to this question depends on whether the government property was a standard municipal vacant lot or public park after hours or if it was a critical service facility. If it is the latter, your case will be significantly escalated. You will likely face a Class 5 felony which could land you in prison for 1.5 years or more and give you a fine up to $150,000. Trespassing on other government properties such as a government office or building will give you a Class 1 misdemeanor. We can help you evaluate what you will likely be facing based on your circumstances.

    Yes! In fact, many individuals facing trespassing charges end up with probation instead of jail time. For less serious charges, you may experience unsupervised probation where you will be required to pay your fines, complete any community service, and stay out of legal trouble. Supervised probation is given for more serious misdemeanors and you will be assigned a probation officer with required check-ins.

    The amount of time it takes to resolve a trespassing case depends on the circumstances and whether or not a favorable plea deal is reached. In general, the more serious cases take longer to resolve than the lesser situations. If a plea deal is reached, the case may be resolved without ever having to go to trial. If you want more information on your specific case, reach out to our lawyers.

    Not necessarily. In Arizona, you must knowingly enter a person’s property after being told not to. This implies there must be intent. However, you can still be charged if you claim you did not trespass knowingly if it is clear that a reasonable person should have known they were trespassing. This is why it is essential to have a skilled lawyer on your side. Your lawyer will argue aggressively for your rights and will pursue the best possible outcome in your situation.

    Traditional expungement where you can completely erase a conviction from your record is not possible in Arizona. However, you can have your conviction set aside or sealed. Setting a conviction aside is similar to having it marked as dismissed on your record. It will still be visible, but it will be marked as “set aside”. You no longer legally have to tell your landlord or employer that you have a record if you are asked. Sealing your record makes it invisible for the average person to see, but it will still be visible to certain government and law enforcement individuals. In both cases you must qualif

    Yes it will. In Arizona, charges appear on criminal records permanently. There are options to have them hidden or moved, but in most cases you cannot have them erased altogether. This can have a serious impact on your day to day life. Future employers may not consider you for a job, landlords may deny applications, and you could lose personal relationships. To prevent a permanent criminal record, reach out to our lawyers!

    Yes!! Not all trespassing charges lead to jail time with many leading to probation instead, but the more serious charges almost certainly will put you in jail for some amount of time. You could spend up to 30 days in jail for some lesser charges and upwards of several years in prison for more serious charges. However, even if you are likely facing jail time, our lawyers can have your penalties reduced through plea deals and other defenses
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