Phoenix Criminal Trespassing Attorney

Although it may not appear significant, crossing onto someone else's property without permission could lead to criminal trespassing charges in Arizona. Criminal trespassing charges in Arizona can have severe consequences, including hefty fines and even imprisonment. Individuals need to be mindful of private property boundaries and respect the rights of property owners to avoid legal complications.

You must contact an attorney immediately if you or a loved one has been charged with criminal trespassing in Phoenix.

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Types of Criminal Trespassing in Arizona

Arizona has established distinct categories for trespassing: first, second, and third degree, each comprehensively defined in its section of the Arizona Revised Statutes.

First-degree criminal trespassing - Arizona legislators characterize this form of trespassing as:

  • If you knowingly entered or remained in a critical public service facility or residential structure, which includes a fenced residential yard, unlawfully. In that case, you could be convicted of criminal trespass in the first degree. 
  • If you recklessly peered into a residential structure and violated the resident's privacy. 
  • If you trespassed on a property under a valid mineral lease or claims intending to hold, work, or explore for minerals. In that case, you can be charged with first-degree criminal trespass. 
  • The law also prohibits the intentional desecration, burning, defacing, or mutating of religious property or symbols without the owner's consent.

Second-degree criminal trespassing - Knowingly entering or staying unlawfully in a nonresidential structure or a fenced commercial yard constitutes second-degree criminal trespass.

Third-degree criminal trespassing - You could face a third-degree criminal trespass charge if you refuse to leave or enter a place despite the owner's request or explicit prohibition. This also encompasses the right-of-way for tracks, storage, switching yards, or rolling stock belonging to a railroad company.

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Punishments of Criminal Trespassing in Arizona

Class 6 felony: If you were involved in these types of trespassing, you would be charged with a class 6 felony which is punishable by a maximum of eighteen months imprisonment and a fine of up to $150,000:

  • Unlawfully entering or remaining in a residential building with knowledge.
  • Willfully accessing a public services facility without permission or legal authorization. 
  • Committing criminal damage, such as burning or defacing, on private property that is not yours.

Class 1 misdemeanor: Partaking in these forms of trespassing would lead to a class 6 felony charge against you, including a sentence of up to six months imprisonment and a fine of up to $2,500:

  • Trespassing by entering or remaining in a fenced residential yard without consent.
  • Invading the privacy of a residential structure by peering into a yard or property.
  • Intentionally accessing a property with a documented mineral claim with the intent to mine and extract minerals for personal gain.

Class 2 misdemeanor: A conviction for second-degree criminal trespassing results in a class 2 misdemeanor, which can carry a penalty of up to four months in jail and fines of up to $750.

Class 3 misdemeanor: Engaging in either of these behaviors is a class 3 misdemeanor that could result in up to 30 days of imprisonment and a fine of up to $500.

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Our Clients Results
Charge: Assault (13-1203a1)

Result: DISMISSED

Court: PHOENIX CITY COURT
Charge: DV Disorderly Conduct 13-2904a1

Result: DISMISSED AT TRIAL

Court: SCOTTSDALE CITY COURT
Charge: DV - Assault (13-1203a1)

Result: DISMISSED AT TRIAL

Court: PHOENIX CITY COURT
Charge: Disorderly Conduct (13-2904a1)

Result: DIVERSION

Court: SCOTTSDALE CITY COURT
Charge: DV - Disorderly Conduct / DV - Assault

Result: DISMISSED

Court: SCOTTSDALE CITY COURT
Charge: Failure To Admit Deadly Weapon (13-3102a1)

Result: DISMISSED

Court: SCOTTSDALE CITY COURT
Charge: Shoplifting (13805)

Result: DISMISSED

Court: PHOENIX CITY COURT
Charge: DV Failure To Comply With Court Order (13-2810a2)

Result: DISMISSED

Court: SCOTTSDALE CITY COURT
Charge: Criminal Damage (13-1602A6)

Result: DISMISSED

Court: SCOTTSDALE CITY COURT
Charge: Failure To Stop On Striking Unattended Vehicle (28-664a1)

Result: DISMISSED

Court: SCOTTSDALE CITY COURT
Charge: DV - Assault

Result: DISMISSED

Court: SCOTTSDALE CITY COURT
Charge: Theft (13-1802a6)

Result: DISMISSED

Court: SCOTTSDALE CITY COURT
Charge: Drug Paraphernalia (13-3415a) & Obstruction Of Highway/Public Thoroughfare (13-2906a1)

Result: DISMISSED

Court: SCOTTSDALE CITY COURT
Charge: Criminal Trespass 2nd Degree (13-1503A)

Result: DISMISSED

Court: SCOTTSDALE CITY COURT
Charge: 6 Counts of Theft – Obtain by Misrepresentation (13-1802a3)

Result: DISMISSED ALL COUNTS

Court: SCOTTSDALE CITY COURT
Charge: Urinating In Public

Result: DISMISSED

Court: SCOTTSDALE CITY COURT
Charge: Criminal Trespass 2nd Degree (13-1503A)

Result: DISMISSED

Court: SCOTTSDALE CITY COURT
Charge: DV - Assault / DV - Disorderly Conduct

Result: DISMISSED

Court: PHOENIX CITY COURT
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Contact a Phoenix Criminal Trespassing Attorney

At Bala Legal Services, our team is dedicated to helping and representing you. You will have an experienced attorney who is approachable, accommodating and affordable. Our firm serves the areas of Tempe, Mesa, Scottsdale, Phoenix and Chandler. If you are in need of an experienced criminal defense attorney in Arizona, please contact us today to schedule your free case evaluation.

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The information you obtain at this site is not, nor is it intended to be, legal advice. Bala Legal Services team are licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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