Trespassing Charges in Arizona

Trespassing Charges in Phoenix

Crimes of trespass are divided into three classifications: trespass in the third degree, trespass in the second degree, and trespass in the first degree.

Under A.R.S. § 13-1502, a person commits criminal trespass in the third degree by either knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry or knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company. Criminal trespass in the third degree is a class 3 misdemeanor. A class 3 misdemeanor carries a maximum sentence of 30 days in jail, up to $500 in fines before surcharges, and up to one year of probation.

Under A.R.S. § 13-1503, a person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard. Criminal trespass in the second degree is a class 2 misdemeanor. A class 2 misdemeanor carries a maximum sentence of four months in jail, up to $750 in fines before surcharges, and up to two years of probation.

Under A.R.S. § 13-1504, a person can commit a criminal trespass in the first degree in six different ways.

A person commits first degree trespass by knowingly entering or remaining unlawfully in a fenced residential yard; entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant’s right of privacy; or entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease. Criminal trespass in the first degree in any of these manners is a class 1 misdemeanor. A class 1 misdemeanor carries a maximum sentence of six months in jail, up to $2,500 in fines before surcharges, and up to three years of probation.

A person also commits first degree trespass by knowingly entering or remaining unlawfully in or on a residential structure or entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property. Criminal trespass in the first degree in any of these manners is a class 6 felony. Sentencing for a class 6 felony depends on the circumstances of the crime and the Defendant’s previous criminal history.

Finally, a person commits criminal trespass in the first degree by knowingly entering or remaining unlawfully in or on a critical public service facility. Criminal trespass in the first degree in this manner is a class 5 felony. Sentencing for a class 5 felony depends on the circumstances of the crime and the Defendant’s previous criminal history. Contact us today for a free consultation.

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