Phoenix Trespassing Attorneys | A.R.S. § 13-1502 to 1504 Defense

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    What Legally Constitutes Criminal Trespassing Under Arizona Law?

    Trespassing in Arizona is when a person knowingly enters or remains on a property without permission after receiving notice or being asked to leave. Two things must occur to be charged. First, you must be aware that you were not allowed to be on the property. If a person enters a property by accident, especially if there are no boundaries or notices, they cannot be charged. Second, the person must not have the legal authority to enter the property. For instance, they never obtained explicit consent from the authority over the property or they don’t have the legal license to enter. Both elements must exist to prove trespassing beyond a reasonable doubt. There are different levels of trespassing charges: third degree, second degree, and first degree. Which level of trespassing charge depends on how the trespassing occurred and where it happened. Most trespassing charges are misdemeanors, but they can be elevated to a Class 5 or Class 6 felony in some circumstances. If you’re facing a trespassing charge, you should hire a lawyer as soon as you can to ensure you experience the best possible outcome.

    Types Of Criminal Trespassing Charges In Phoenix

    • Unlawful Entry Into A Residential Structure

    • Trespassing In A Fenced Yard

    • Privacy Violation By Peering Into A Home

    • Criminal Damage To Personal Property

    • Unauthorized Entry Into A Public Facility

    Lawyer Explaining The Types Of Criminal Trespassing Charges In Phoenix

    Breakdown Of A.R.S. § 13-1502, 1503, And 1504 Statutes

    Phoenix Trespassing Attorneys Defending Third-Degree Criminal Trespass Charges

    Class 3 Misdemeanor: Criminal Trespass In The Third Degree

    Third degree trespassing constitutes an individual entering or remaining unlawfully on someone’s property after being asked to leave by someone in authority over the property. You can also be charged if you entered a property that had clear “no trespassing” signs.

    Legal Defense In Phoenix For Second-Degree Criminal Trespass Charges

    Class 2 Misdemeanor: Criminal Trespass In The Second Degree

    Entering or remaining in a non-residential structure or fenced commercial yard can land you with a second-degree trespassing charge. If convicted, you could face up to 4 months in jail, up to $750 in fines, and probation for up to 2 years.

    Phoenix Trespassing Attorneys Handling Felony And Misdemeanor First-Degree Trespass

    Class 5 Or 6 Felony Or Class 1 Misdemeanor: Criminal Trespass In The First Degree

    The most serious of the trespassing charges is trespassing in the first degree. You can be charged with this if you enter or remain in a residential structure or a fenced residential yard, or are caught looking into a dwelling without regard to the owner’s right to privacy.

    Our Clients’ Testimonials

    5-Star Rated Trespassing Defense Law Firm

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    Phoenix Trespassing Attorneys With 5-Star Reviews On Yelp

    I would like to express my gratitude to My AZ Criminal Defense Lawyers! They were incredibly professional, honest, and patient with my case. Working with them was easy, and they consistently kept me updated about my situation. Their legal staff is really committed to assisting people. Excellent legal service!

    A.L.
    ★★★★★

    Bryce Brown is exactly what you want in a criminal defense attorney. He is honest and compassionate.

    A.B.
    ★★★★★

    Great service! I was having a very tough time with my case, but the team of My AZ Criminal Defense Lawyers was very supportive throughout the entire legal process. They were very respectful and patiently answered all of my questions. In the end, we managed to succeed thanks to their professionalism and knowledge. I definitely recommend their legal services in Phoenix.

    C.S.
    ★★★★★

    Criminal Trespassing Defense Strategies

    Criminal Trespass Defense For Unintentional Entry In Phoenix, AZ

    No Intent Or Knowledge Of Trespassing

    In some cases, you can be charged with trespassing without being aware that you are trespassing. If this is the case, let our lawyers find the evidence necessary to implement this defense.

    Legal Defense For Evidence Suppression For Police Violations In Phoenix

    Evidence Suppression For Police Violations

    If evidence was obtained by police officers in a way that violated your rights, we will ensure that the evidence is thrown out. If you’re being charged, contact our law firm right away for a free consultation.

    Phoenix Trespassing Attorneys Seeking Dismissal Through Pretrial Motions

    Charges Dismissed Through Pretrial Motions

    When your case entails insufficient evidence, a violation of rights, or other procedural issue, pretrial motions can help get your charges dismissed and our lawyers can help! Reach out today!

    Phoenix Defense Lawyers Challenging Insufficient Evidence For Criminal Conviction

    Challenging Insufficient Evidence For Conviction

    Not all cases have enough evidence to be presented in court. If there is not enough evidence to prove you committed a crime, our lawyers will stand by your side, ensuring you’re not unjustly charged.

    Immediate Steps After A Trespass Arrest In Phoenix

    Gathering Photos And Witness Statements For A Trespassing Case In Phoenix

    1

    Preserve Independent Physical Evidence

    After an arrest for trespassing, document everything you remember of the situation and the physical site. Take pictures and videos, keep any GPS records, gather witness statements, and work with your lawyer to send spoliation letters to preserve any video evidence.

    Writing An Incident Report For Trespassing Charges In Phoenix

    2

    Document The Incident Timeline

    Since memory fades, as soon as you are able, document the timeline of events for your defense lawyers. Write down the exact time and date, location, what exactly occurred, witnesses that were present, and specify what you were doing and why you were there.

    Avoid Discussing Your Trespassing Case Without A Lawyer

    3

    Avoid Talking To Police Without Counsel

    At My AZ Criminal Defense, we recommend that you do not talk to any law enforcement officers without legal counsel present. This is your constitutional right. You should even avoid trying to explain yourself as everything you say can be used against you.

    Consult With Our Phoenix Trespassing Attorneys

    4

    Retain A Defense Attorney Immediately

    If arrested, you should plan on getting legal counsel to help protect your rights, represent you in court, and ensure the best possible outcome. The sooner our lawyers are involved, the more options that are available. However, no matter where you are in the case, contact us for legal help!

    Our Step-By-Step Defense Process: From Arraignment To Case Resolution

    What To Expect When You Retain Our Phoenix Property Defense Team

    Your case will go from the citation or arrest to an initial appearance or arraignment to the pre-trial discovery phase and motions to either a successfully negotiated plea deal or the trial phase. When our lawyers are representing you through this process, we will make sure your rights are protected at every turn and we will work with prosecutors to secure you the best possible outcome. Whether the case ends in a plea deal or trial, we have you covered.

    Phoenix Trespassing Attorney Reviewing Evidence In A Criminal Trespass Case

    Potential Penalties, Probation, And Jail Time In Maricopa County

    Mandatory Community Service And Court-Ordered Programs

    For first-time trespassing offenses, judges rarely assign high jail time penalties. Instead, they rely on mandatory community service and court-ordered classes and treatment programs. In some cases, offenders could avoid conviction by going through a diversion program. Your lawyer is aware of alternative penalty options and can help ensure you experience the best options in your situation.

    Court-Ordered Community Service For Trespassing Charges In Phoenix, AZ
    Probation Up To 3 Years For Trespassing Charges in Phoenix, AZ

    Supervised And Unsupervised Probation Lasting Up To 3 Years

    The maximum probation a person facing trespassing charges can face is 3 years. Typically supervised and unsupervised probation is given to Class 1 misdemeanors and Class 5 and 6 felonies. If you’re facing a first-time Class 1 misdemeanor, your probation will typically be unsupervised. However, if your offense is a severe Class 1 misdemeanor or a felony, it will likely be supervised. Talk to our lawyers about the potential penalties you’re facing.

    Financial Penalties: Court Fines, Surcharges, And Property Restitution

    The financial penalties can be significant. A skilled lawyer knows how to negotiate these fines to lower amounts, which can make lawyer costs well worth the investment. Court fines for trespassing start at a base amount and surcharges are placed on top of them. Oftentimes, the surcharges can add 65% or more to the amount! You could also be facing property restitution which requires you to pay for any property repairs or other fees that resulted because of your offense.

    Trespassing Fines, Surcharges And Restitution Explained By Phoenix Trespassing Attorneys
    Experienced Criminal Defense Lawyers Fighting County Jail Sentences in Phoenix

    Incarceration Risks In Maricopa County Jail

    Both misdemeanor and felony trespassing charges have a risk of incarceration. Especially if it is not a first offense. Class 3 misdemeanors could put you in county jail for up to 30 days whereas a Class 1 misdemeanor could land you in jail for up to 6 months. There are ways to avoid jail time, however, and with the help of an experienced Maricopa County lawyer, you could face several different alternatives that will help you experience a much better outcome.

    Facing Up To 2.5 Years In Arizona State Prison For Felony Trespass

    Felonies in Arizona are much more serious than misdemeanors and mean longer time in a state prison instead of county jail. The maximum prison time for a first-time trespassing felony is 2.5 years. While in most situations, non-violent and first-time trespassing offenders will not face 2 years in prison, other circumstances could lead to this longer prison sentence. To protect yourself from this life-altering possibility, be sure a solid lawyer is on your side.

    Experienced Attorneys Helping Reduce Arizona State Prison Time

    How A Trespassing Conviction Affects Your Employment And Record

    Protecting Your Professional Career, Background Checks, And Future Opportunities

    Arizona does not provide options to erase your criminal record after a certain time. This means it will be permanent. After your sentence, you may face residual consequences for years. If your employer requires regular background checks or transparency about your criminal history, you could lose your current job. When you are looking at getting a new job, you could be subject to a background check. If your trespassing charge is flagged, you may find it difficult to become hired. Not only that, but some individuals, especially ones that work with vulnerable populations, will lose their professional license. While you can seal your record making it unavailable to the general public, not all convictions are eligible. Talk to our lawyers about your options and how your record could affect your employment as well as other future opportunities in your life.

    Why Clients Choose
    My AZ Criminal Defense for Property Offenses

    Aggressive Legal Representation For Criminal Defense In Phoenix

    Aggressive Legal Representation & Rigorous Evidence Discovery

    When you hire our lawyers on your case, we will not rest until you experience the best possible outcome. We will do a thorough investigation, finding all the evidence needed for a solid defense. We will aggressively represent you in court and protect your rights at every step of the way. Don’t face your trespassing charge on your own, contact us today!

    Solid Legal Strategy For Successful Criminal Defense Outcomes

    Tailored Case Strategies Designed to Protect Your Record

    At My AZ Criminal Defense, we know that every situation is unique which is why we take the time to listen to your specific circumstances. We will put together a solid defense strategy that is tailored to your case and will have the best chance of success. With our years of experience and the tools at our disposal, you can have confidence moving forward in your case.

    Experienced Phoenix Lawyers Handling Felony And Misdemeanor Charges

    Decades of Combined Experience in Felony & Misdemeanor Defense

    Our law firm has years of combined experience handling cases of all kinds. From the more severe felonies to minor misdemeanors, we have the strategies and tools necessary to help you through the process. We have seen it all and are prepared to fight aggressively for your rights and freedoms. Contact us today to get started with an initial consultation!

    Facing Trespassing Charges In Phoenix? Schedule Your Free Consultation Today

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    Trespassing Defense Law Firm Serving Throughout Phoenix

    FAQs About Trespassing Defense

    Resolving a trespassing case can take anywhere from a few weeks to several months for misdemeanors and possibly over a year for felonies. However, these timeframes are influenced by whether or not a plea deal is reached, how serious the trespassing case is, what the court schedules are like at the time, whether the defendant contests the charge, and more. Arizona criminal defense lawyers are a helpful resource and can give you a better idea of how long your specific case will take based on the circumstances as well as the current schedules in the court. They can also help you determine the best route to take for your case which can involve shortening the process.

    Yes, if you are a first-time offender or your trespassing conviction is a misdemeanor, you can face probation instead of or in addition to jail time. In addition to jail time and probation, you could face community service, fines, and restitution. If you’re charged with a felony, you may also face probation, but the conditions will likely be stricter with a longer probation period. Your lawyer can help negotiate shorter probationary periods and can even help negotiate probation instead of jail time, depending on your circumstances. If you’re facing a trespassing conviction, reach out to a lawyer right away for professional help and guidance on what your next steps should be.

    In most cases, trespassing in Arizona is classified as a misdemeanor. However, you can be charged with a felony, depending on the circumstances. For entering or remaining on someone’s property without permission, you will be charged with a relatively low class of misdemeanor. The class of misdemeanor can be elevated if you are trespassing on residential property such as within someone’s structure or fenced-in yard. Trespassing becomes a felony when you unlawfully enter or remain in a residential structure, desecrate religious property on someone else’s land, or unlawfully enter a critical public service facility.

    The state of Arizona does not allow expungement from records for most crimes. However, they do provide the ability to have your conviction set aside. To do so, it is helpful to work with a criminal defense lawyer and you must be eligible. For eligibility, you must have completed your sentence. This includes any probation, fines, restitution, and classes. Once you have completed your sentence, your lawyer can submit a petition. Setting aside your conviction does not erase it from your record, as expungement would, but rather marks it as set aside. This means that anyone looking up your record will still be able to see the charge, but will see that your sentence is complete and that it was set aside by the court. Having a conviction set aside can make it easier to get a job, housing, and the like.

    Yes, the penalties can be more severe for trespassing on government property and if you are being charged, you should get in contact with our lawyers at My AZ Criminal Defense Lawyers right away. If you are found trespassing on government property, you could face a misdemeanor if you were simply entering or remaining without permission. However, the misdemeanor can quickly turn into a felony if the property involves military, is a federal building, or is some other critical structure. In some cases, you can be charged under the federal law instead of state law, depending on the circumstances, which can lead to even higher penalties.

    Yes, you can receive jail time as a penalty for trespassing, but it is not always the case. In general, for a Class 3 misdemeanor of trespassing you could spend up to 30 days in jail. For a Class 2 misdemeanor, up to 4 months, for a Class 1 misdemeanor, up to 6 months, and for a Class 6 felony, up to two years in prison for a first offense, and up to 2.5 years for a Class 5 felony. Whether or not you go to jail and how long you spend in jail will depend on the circumstances of your case. Having a skilled attorney by your side can ensure you take the steps necessary to avoid as much jail time as possible. Whether a plea deal is reached, or a strong defense is built, you can trust an attorney to help you experience the best possible outcome.

    In most cases, trespassing ends up as a misdemeanor. For misdemeanors, the statute of limitations is 1 year. If the trespassing case is more serious and is a felony, the statute of limitations is 7 years. It is also helpful to note that Arizona pauses the statute of limitations in trespassing cases when the accused is out of state or hiding, or the crime is not discovered immediately.

    Trespassing in Arizona typically requires you to knowingly enter private property or unlawfully remain on private property. For you to know what you were doing is a key aspect of the trespassing charge. In order to convict you, the state must prove that you were on private property without permission and that you knew or should have known you were not allowed to be there. If there were no signs or fences and you were not verbally told to leave, it is possible to argue that you did not know you were trespassing.

    Yes, trespassing in Arizona is charged in three degrees. 1st degree trespassing can be either a misdemeanor or a felony depending on the circumstances. 2nd degree and 3rd degree trespassing are misdemeanors. In all cases, if convicted, you will end up with a criminal record. Contact our attorneys at My AZ Criminal Defense to find out how you can avoid having a criminal record through a plea deal or strong defense.

    Yes, it is possible to have your trespassing charges reduced or dismissed. This can happen if you did not know you were trespassing or if you were not warned or asked to leave and there was no proper signage. If a defense does not have enough evidence to back it up and the prosecution is strong, it is possible for your lawyer to negotiate a plea deal which could reduce charges as well. If you or someone you know is facing a trespassing charge under these circumstances, reach out to a skilled lawyer right away.

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