ARS 13-4295.01: Illegal entry from foreign nation
The complete text of A.R.S. § 13-4295.01 on illegal entry from foreign nation, what the State has to prove, and the sentencing range, with a violation charged as a class 6 felony or a class 1 misdemeanor and exposure reaching up to 2 years in prison.
Recognized By
As Seen On
Recognized By
Penalties for a § 13-4295.01 Conviction
A.R.S. § 13-4295.01 is the Arizona statute on illegal entry from foreign nation. A violation is a class 6 felony or a class 1 misdemeanor, depending on the paragraph charged and what the State can prove. The maximum exposure is 2 years in prison.
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 6 felony | 4 months | 6 months | 1 year | 1.5 years | 2 years |
| Class | Maximum jail | Maximum fine |
|---|---|---|
| Class 1 misdemeanor | 6 months | $2,500 |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 13-4295.01
(Caution: 1998 Prop. 105 applies)
A. It is unlawful for a person who is an alien to enter or attempt to enter this state directly from a foreign nation at any location other than a lawful port of entry.
B. It is an affirmative defense to a violation of subsection A of this section if either of the following applies:
1. The federal government has granted the defendant lawful presence in the United States or asylum under 8 United States Code section 1158.
2. The defendant’s conduct does not constitute a violation of 8 United States Code section 1325(a).
C. A person may not be arrested for a violation of this section without probable cause, which shall be established by any of the following:
1. A law enforcement officer who witnesses the violation.
2. A technological recording of the violation.
3. Any other constitutionally sufficient indicia of probable cause.
D. This section may only be enforced prospectively. This section does not apply retroactively and shall not be construed to apply to the conduct of any person who entered this state unlawfully from a foreign nation at any time before this section becomes enforceable.
E. An alien lacks lawful presence under this section if the alien was either:
1. Paroled pursuant to a programmatic grant of parole, including under any parole program not created under notice-and-comment rulemaking that establishes specific characteristics under which an alien would be entitled to parole and that has been applied to more than one hundred aliens during one calendar year.
2. Required to be detained under the immigration and nationality act but was not detained and instead was paroled into the United States.
F. A violation of this section is a class 1 misdemeanor, except that it is a class 6 felony if the person has been previously convicted of a violation of this section. The person is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served a term of incarceration as determined by the court.
Source: Arizona Revised Statutes § 13-4295.01, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Related Statutes in Chapter 38 — Miscellaneous
- A.R.S. § 13-4295.02 — Refusal to comply with order to return to a foreign nation
- A.R.S. § 13-4147 — Avoidance of command of writ
- A.R.S. § 13-4145 — Disobedience of command of writ
- A.R.S. § 13-4006 — Unlawful foreign law enforcement activity
- A.R.S. § 13-3981 — Compromise of misdemeanors and petty offenses
- A.R.S. § 13-3924 — Unlawful procurement of search warrant without probable cause
- A.R.S. § 13-3903 — Notice to appear and complaint
- A.R.S. § 13-3885 — Arrest of principal by surety
How Tamou Law Group Defends § 13-4295.01 Cases
A § 13-4295.01 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 6 felony and something far less serious, and it is where these cases are won.
We handle illegal entry from foreign nation cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
Awards & Recognition
Our recognition for Phoenix criminal defense defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
- National Trial Lawyers Top 40 Under 40
- Elite Lawyer 2026 – Criminal Defense
- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
When you are looking for the best Phoenix criminal defense lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors, public defenders, and law enforcement.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Frequently Asked Questions
What is A.R.S. § 13-4295.01?
A.R.S. § 13-4295.01 is the Arizona statute on illegal entry from foreign nation. A violation is a class 6 felony or a class 1 misdemeanor, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-4295.01 a felony in Arizona?
It can be. Under the statute a violation is a class 6 felony or a class 1 misdemeanor, so the exposure reaches up to 2 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 6 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 6 felony at 4 months to 2 years, with a presumptive term of 1 year. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
What is the maximum penalty for a class 1 misdemeanor?
A.R.S. 13-707 caps jail at 6 months for a class 1 misdemeanor and A.R.S. 13-802 caps the fine at $2,500, before surcharges. A judge may also impose probation and other conditions.
Where can I read the official text of § 13-4295.01?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.