Criminal Trespass Arizona – The 2 Ultimate Differences to Know

Criminal Trespass Arizona: What to Know!

Criminal trespass in Arizona is a criminal  offense that occurs when someone unlawfully enters or remains on property that they do not own or have permission to be on. The State of Arizona takes property rights seriously, and the laws surrounding criminal trespass Arizona are designed to protect both residential and non-residential properties. Depending on the specific circumstances, criminal trespass can range from a minor misdemeanor to a serious felony. The severity of the charges depends on factors like the type of property, the intent of the trespasser, and whether the trespass is linked to other crimes, such as domestic violence.

Understanding criminal trespass laws is essential whether you are defending yourself against trespassing charges or are a property owner seeking to protect your rights. Arizona’s laws divide trespassing into three categories: first-degree, second-degree, and third-degree criminal trespass, each with different levels of penalties.

Overview of Criminal Trespass Arizona

Criminal trespass is codified in the Arizona Revised Statutes (ARS) under §13-1502 through §13-1504. Trespassing occurs when someone knowingly enters or remains on a property without permission. Arizona law establishes that trespassing offenses can occur in both residential and non-residential spaces, including businesses, fenced properties, and even public service facilities.

The three degrees of criminal trespass Arizona are distinguished based on the severity of the violation. First-degree criminal trespass involves entering a residential property or a highly restricted area, while second-degree criminal trespass covers non-residential properties. Third-degree criminal trespass typically applies to lesser infractions, such as trespassing on open land or remaining on property after being asked to leave.

First-Degree Criminal Trespass Arizona – ARS – 13-1504

The most severe form of criminal trespass Arizona is first-degree trespassing, which occurs when a person unlawfully enters or remains in a location with higher levels of privacy or security. The circumstances under which first-degree criminal trespass may be charged include:

1. Entering a residential structure: Unlawfully entering a home or other residential structure is considered the most serious form of trespassing in Arizona. Homes have the highest expectation of privacy, and violating this can lead to severe legal consequences under criminal trespass  laws.
2. Entering a fenced residential yard: Even if the trespasser does not enter the home itself, simply entering a fenced yard without permission constitutes first-degree trespassing under criminal trespass Arizona.
3. Entering a critical public service facility: This form of trespassing involves entering restricted areas, such as water treatment plants, electrical grids, or other sensitive locations where unauthorized access could threaten public safety. Trespassing on these properties is treated severely under criminal trespass Arizona statutes.
4. Entering with intent to commit another crime: If the person unlawfully enters the property intending to commit a crime, such as burglary or vandalism, the offense is considered more serious under criminal trespass Arizona laws and is more likely to be prosecuted as a felony.

Penalties for First-Degree Criminal Trespass Arizona

First-degree criminal trespass Arizona can be classified as either a Class 6 felony or a Class 1 misdemeanor. The distinction depends on the location and the intent of the trespasser:

• Class 6 felony: Trespassing into a residential structure or a public service facility is typically charged as a felony. Convictions can result in up to two years in prison under criminal trespass Arizona laws, along with fines, probation, and possibly community service.

• Class 1 misdemeanor: Trespassing onto a fenced residential yard may be classified as a misdemeanor, which can lead to up to six months in jail, fines of up to $2,500, and probation.

Second-Degree Criminal Trespass Arizona – ARS – 13-1503

Second-degree criminal trespass Arizona is defined under ARS §13-1503 and is less severe than first-degree trespass but still involves serious legal implications. This degree of trespass typically applies when someone unlawfully enters or remains on non-residential property, such as a business, industrial facility, or vacant land.

1. Non-residential property: Entering commercial, industrial, or otherwise non-residential property without permission is considered second-degree trespass under criminal trespass Arizona laws. This includes commercial buildings, offices, and other areas that are clearly marked as private.

Second-degree criminal trespass Arizona does not carry the same level of penalties as first-degree trespass because it does not involve the invasion of a person’s home or sensitive locations. However, it is still treated as a Class 2 misdemeanor, which can result in jail time and fines.

Penalties for Second-Degree Criminal Trespass Arizona

As a Class 2 misdemeanor, second-degree criminal trespass Arizona carries potential penalties of:

• Up to four months in jail.

• Fines up to $750.

• Possible probation and community service, depending on the circumstances of the offense.

Third-Degree Criminal Trespass Arizona – ARS – 13-1502

Third-degree criminal trespass Arizona is the least severe form of trespassing and typically applies to more minor offenses. According to ARS §13-1502, this charge involves instances where someone remains on open land or other property without permission or refuses to leave after being asked to do so by the property owner or an authorized person.

1. Refusing to leave a property: This is one of the most common forms of third-degree criminal Arizona. It occurs when an individual enters a property lawfully but refuses to leave when asked. For example, someone asked to leave a store or park but who refuses could face charges under this statute.
2. Trespassing on railroad property: Arizona has specific laws addressing trespassing on or near railroad tracks and facilities. This type of trespassing can result in third-degree charges under criminal trespass Arizona laws.

Penalties for Third-Degree Criminal Trespass Arizona

Third-degree criminal trespass Arizona is a Class 3 misdemeanor. While the penalties are less severe than first- or second-degree trespass, the conviction still carries consequences:

• Up to 30 days in jail.

• Fines up to $500.

• Probation or community service.

Criminal Trespass Arizona and Domestic Violence

In some cases, criminal trespass Arizona can intersect with domestic violence. Domestic violence is a broad legal category that encompasses any crime involving individuals in domestic relationships, such as spouses, ex-spouses, cohabitants, or parents. When trespassing occurs in the context of domestic disputes, it can escalate to a domestic violence charge.

1. Violation of Protective Orders: If someone enters or remains on a property where they are prohibited by a court order (such as a restraining order or order of protection), their actions may be considered a form of domestic violence under criminal trespass Arizona statutes.
2. Invasion of Privacy: In domestic violence cases, trespassing often involves the violation of a person’s right to privacy. If an individual enters their former partner’s home or workplace without permission, it can lead to charges under criminal trespass Arizona and domestic violence laws.

Penalties for Criminal Trespass Arizona in Domestic Violence Cases

When criminal trespass Arizona is linked to domestic violence, the penalties can be more severe:

• First-degree criminal trespass with domestic violence: If charged as a felony, this can result in up to two years in prison. In addition, the court may issue no-contact orders, require domestic violence counseling, and impose more restrictive probation terms.
• Second-degree criminal trespass with domestic violence: A Class 2 misdemeanor conviction in a domestic violence context may result in four months in jail, mandatory counseling, and stricter probation conditions.
• Third-degree criminal trespass with domestic violence: Even this lesser misdemeanor can lead to 30 days in jail and required participation in domestic violence programs.

The Two Key Differences to Understand with Criminal Trespass Arizona

When examining criminal trespass Arizona laws, there are two critical differences that impact the severity of charges:

1. Residential vs. Non-Residential Property: Trespassing on residential property, especially a home or fenced yard, is treated more severely under criminal trespass Arizona statutes because it involves invading a person’s private space. Non-residential property trespassing, such as entering a business or industrial site, typically results in lesser charges.
2. Intent to Commit Another Crime: The intent behind the trespass significantly affects how the law applies. Under criminal trespass Arizona laws, if an individual enters a property intending to commit another crime, such as theft, vandalism, or assault, the trespass charge may be upgraded to a more serious offense, potentially leading to felony charges.

Defenses for Criminal Trespass Arizona

Several defenses can be raised to fight criminal trespass charges:

1. Lack of Intent: The prosecution must prove that the defendant knowingly entered or remained on the property without permission. If the trespass was accidental, the defendant may argue lack of intent.
2. Consent: If the property owner gave the defendant permission to be on the property, the defense can argue that the defendant was not trespassing under criminal trespass Arizona laws.
3. No Clear Signage or Fencing: For third-degree or first-degree criminal trespass, if the property was not clearly marked as private or lacked proper fencing, the defense can argue that the trespasser did not knowingly violate the law.

Conclusion

At Tamou Law Group, we understand how overwhelming facing trespassing charges can be. Arizona’s strict trespassing statutes can result in severe legal consequences, including fines, jail time, and even prison sentences in serious cases. Whether you are dealing with a trespassing offense involving a residential structure, a commercial property, or an incident tied to domestic violence, our team is here to help.  Our in-depth knowledge of Arizona’s trespass laws allows us to provide strategic legal advice tailored to your unique situation. If you are charged with trespassing, trust Tamou Law Group to guide you through the legal process and advocate for the best possible outcome.  Call us today at 623-321-4699 for top-tier criminal trespass defense in Arizona