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Arizona Criminal Trespass Defense Lawyers

Trespassing is a well-known crime. Less known is that there are different types of trespassing offenses in Arizona, which vary in severity depending on the type of area one trespasses into:

• Criminal Trespass in the First Degree
• Criminal Trespass in the Second Degree
• Criminal Trespass in the Third Degree

If you have been investigated for or charged with any type of Criminal Trespass offense, you need to contact a Stone Rose Law criminal defense lawyer as early in the process as possible. Stone Rose Law has significant experience fighting criminal trespassing cases, and our criminal defense team is ready to provide you with outstanding legal representation. Contact Stone Rose Law today by completing a free case evaluation form or by calling our office at (480) 498-8998 to ensure that you have the best possible chance to obtain a favorable outcome for your criminal case.

Criminal Trespass in the First Degree

Criminal Trespass in the First Degree is the most serious type of trespassing offense in Arizona. It is defined by A.R.S. § 13-1504(A), which states that a person commits criminal trespass in the first degree by knowingly:

1. Entering or remaining unlawfully in or on a residential structure (Class 6 Felony)
2. Entering or remaining unlawfully in a fenced residential yard (Class 1 Misdemeanor)
3. 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 (Class 1 Misdemeanor)
4. 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 (Class 1 Misdemeanor)
5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property without the express permission of the owner (Class 6 Felony)
6. Entering or remaining unlawfully in or on a critical public service facility (Class 5 Felony)

Paragraphs 1, 2, 4, and 5 of this Trespassing statute are all self-explanatory. With respect to paragraph 3, its language prohibits citizens from engaging in “Peeping Tom” type activities, although it is not limited to sexually motivated acts. Where, however, a finding of sexual motivation is made, a conviction for Criminal Trespass in the First Degree committed pursuant to paragraph 3 can result in a sentence requiring the defendant to register as a sex offender.

Criminal Trespass in the First-Degree Defense Lawyer

If you have been investigated for or charged with Criminal Trespass in the First Degree, you need the assistance of an experienced trial lawyer as early in the process as possible. Do not answer questions, and do not attempt to explain yourself or justify your actions. Instead, demand to speak to a lawyer at the earliest opportunity and refuse to make a detailed statement to law enforcement until you have an attorney present. Most importantly, call Stone Rose Law immediately at (480) 498-8998. Our team of experienced professionals can help you get the best results possible in your case.

Criminal Trespass in the Second Degree

Criminal Trespass in the Second Degree is the second most serious form of Trespassing in Arizona. A person commits Trespassing 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, which means it is punishable by a maximum sentence of four months in jail and a $750 fine.

If you have been investigated for or charged with Criminal Trespass in the Second Degree, contact Stone Rose Law today to schedule a free consultation regarding your situation by completing a free case evaluation form or you can call our office at (480) 498-8998. The defense team at Stone Rose Law is more than happy to speak with you about questions or concerns regarding your legal situation.

Criminal Trespass in the Third Degree

Criminal Trespass in the Third Degree is the least serious form of trespassing in Arizona and is a class 3 misdemeanor. The offense is defined by A.R.S. § 13-1502(A), and is committed by:

1. 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
2. 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.

A.R.S. § 13-1502 – Criminal Trespass in the Third Degree

The first subsection of A.R.S. § 13-1502(A) criminalizes refusing to leave a premise after someone with appropriate authority makes a reasonable request that you do so. This section is not limited to private property, and one can also be prosecuted for failing to leave a public place after a reasonable request by law enforcement that they do so. See State v. Barr, 183 Ariz. 434 (App. 1995). However, it is important to note that not all requests to leave public property are reasonable. The lawfulness of a defendant’s continuing presence and the reasonableness of the request to leave are trial issues to be decided considering each case’s circumstances. See Knox v. Southwest Airlines, 124 F.3d 1103 (9th Cir. 1997). Meanwhile, the second section criminalizes trespassing on railroad tracks, railroad facilities, and railroad equipment.

Penalties for Criminal Trespass in the Third Degree

Trespassing under either subsection of A.R.S. § 13-1502(A) is a class 3 misdemeanor punishable by up to 30 days in jail and a $500 fine plus a surcharge. If you have been charged with Criminal Trespassing in the Third Degree, you need an experienced trial attorney to protect your rights. Call Stone Rose Law now at (480) 498-8988 for a free consultation.