While property boundaries aren’t always marked off by signs sporting “Do Not Enter” in clear letters, that doesn’t mean that you can’t be arrested for criminal trespass. The state of Arizona has three separate classifications for criminal trespass: first, second, and third degree. Each level comes with different levels of penalties if someone is found guilty of criminal trespass, which we have detailed here.
ARS 13-1502: Criminal Trespass in the Third Degree
A person can be found guilty of criminal trespass in the third degree if they:
- Unlawfully and knowingly enter or remain on any property after they have been reasonably requested to leave by the owner of the property, someone with lawful control over the property, or a law enforcement officer, or were given reasonable notice warning them against entering the property.
- Unlawfully and knowingly enter or remain on the right of way for tracks, or store or switch rolling stock or switching yards of a railroad company.
Criminal trespass in the third degree is a class 3 misdemeanor.
ARS 13-1503: Criminal Trespass in the Second Degree
A person can be found guilty of criminal trespass in the second degree if they:
- Unlawfully and knowingly enter or remain in a fenced-off commercial yard, or on or in a nonresidential structure.
Criminal trespass in the second degree is a class 2 misdemeanor.
ARS 13-1504: Criminal Trespass in the First Degree
A person can be found guilty of criminal trespass in the first degree if they:
- Unlawfully and knowingly enter or remain on or in a residential structure.
- Unlawfully and knowingly enter or remain in a fenced-off residential yard.
- Unlawfully and knowingly enter any residential yard, and then look into the residential structure without lawful authority, thereby recklessly infringing on or disregarding the inhabitant’s right to privacy.
- Unlawfully and knowingly enter property that has a valid mineral claim or lease with the intent to explore for, work, hold, or take minerals on the claim or lease.
- Unlawfully and knowingly enter or remain on someone else’s property and desecrating, defacing, burning, or mutilating a religious symbol or some other religious property belonging to someone else without the express permission of the owner.
- Unlawfully and knowingly enter or remain on or in a critical public service facility.
Criminal trespass in the first degree of paragraphs 2, 3, or 4 is a class 1 misdemeanor. Criminal trespass in the first degree of paragraphs 1 or 5 is a class 6 felony. Criminal trespass in the first degree of paragraph 6 is a class 5 felony.
If you have been charged with criminal trespass, it’s important to hire a qualified legal representation as soon as possible. At MayesTelles PLLC, our Phoenix criminal defense attorneys have the knowledge and skill required to build a strong defense for you when your fight for your freedom in court. Contact us today through our online form, or give us a call at (602) 428-7104 to speak with one of our lawyers.