Criminal Trespass Defense Lawyers
Charged with criminal trespass (A.R.S. § 13-1502, 13-1503, 13-1504)? Most trespass is a misdemeanor, but first-degree trespass, entering a residence or fenced residential yard, can be a Class 6 felony. The case turns on notice, permission, and intent. Do not explain why you were there to police, call us first.
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What Is Criminal Trespass in Arizona?
Quick answer: Criminal trespass is knowingly entering or remaining unlawfully on property after notice that entry is forbidden. Arizona grades it in three degrees: third-degree (A.R.S. § 13-1502), entering posted or fenced land or a right-of-way after a reasonable request to leave, is a Class 3 misdemeanor; second-degree (13-1503), entering a nonresidential commercial structure or fenced commercial yard, is a Class 2 misdemeanor; and first-degree (13-1504), entering a residence or its fenced yard, looking into a residence, or trespassing on critical infrastructure, is a Class 6 felony (or Class 1 misdemeanor for some conduct). The defense usually turns on notice (was it posted or were you asked to leave?), permission, and intent.
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Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending criminal trespass and other theft cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is Criminal Trespass in Arizona?
- Is criminal trespass a felony in Arizona?
- Will you get jail time for 3rd degree criminal trespassing in Arizona?
- How much jail time for 2nd degree criminal trespassing in Arizona?
- Can I be charged with trespass if the property was not posted?
- Is having permission a defense to criminal trespass in Arizona?
- Can a criminal trespass charge be dismissed in Arizona?
- How the Degree Sets the Trespass Charge
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with criminal trespass in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 13-1502, the penalties, and the defenses that matter most.
Is criminal trespass a felony in Arizona?
Usually it is a misdemeanor. Third-degree (A.R.S. § 13-1502) is a Class 3 misdemeanor and second-degree (13-1503) a Class 2 misdemeanor. But first-degree (13-1504), entering a residence or its fenced yard or trespassing on critical infrastructure, can be a Class 6 felony.
Awards & Recognition
Our recognition for Phoenix theft crime 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 theft crime lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
Will you get jail time for 3rd degree criminal trespassing in Arizona?
Not necessarily. Third-degree criminal trespass (A.R.S. § 13-1502), entering posted or fenced land or refusing a request to leave, is a Class 3 misdemeanor, the lowest level, typically resolved with a fine or probation rather than jail. Most third-degree cases are eligible for diversion or dismissal, especially where notice or permission is in doubt.
How much jail time for 2nd degree criminal trespassing in Arizona?
Second-degree criminal trespass (A.R.S. § 13-1503), knowingly entering a nonresidential commercial structure or fenced commercial yard, is a Class 2 misdemeanor carrying up to 4 months in jail. Jail is far from automatic, and many of these cases are eligible for a diversion program or dismissal.
Can I be charged with trespass if the property was not posted?
It is much harder for the State. Criminal trespass requires that you knew you were not allowed, from posting, fencing, or a request to leave. If the land was not posted or fenced and you were not asked to leave, the knowledge element is weak, and that is a strong defense.
Is having permission a defense to criminal trespass in Arizona?
Yes, a complete one. If you had permission, a lease, an invitation, or a good-faith belief you could be there, there is no criminal trespass. This is common in landlord-tenant, roommate, and family disputes that really belong in civil court, not a criminal case.
Can a criminal trespass charge be dismissed in Arizona?
Often, yes. Most trespass is a misdemeanor eligible for a diversion program or dismissal, especially for first offenders or where notice or permission is in doubt. We also contest the residential designation that turns a misdemeanor into a Class 6 felony, and challenge any unlawful stop or statement.
How the Degree Sets the Trespass Charge
Trespass is graded by the type of property and the notice given. Most is a misdemeanor; only residential and infrastructure trespass reaches felony level.
| Degree | Where / Circumstance | Offense Level | First-Offense Exposure* |
|---|---|---|---|
| Third-Degree (13-1502) | Posted/fenced land; asked to leave | Class 3 Misd. | Fine / probation |
| Second-Degree (13-1503) | Nonresidential commercial structure | Class 2 Misd. | Up to 4 months jail |
| First-Degree, misd. (13-1504) | Looking in / certain conduct | Class 1 Misd. | Up to 6 months jail |
| First-Degree, residence (13-1504) | Residence or fenced yard | Class 6 Felony | 4 mo – 2 years |
| Critical Infrastructure (13-1504) | Utilities / pipelines | Class 5/6 Felony | Higher exposure |
*Ranges are for a first offense and vary with priors and aggravators. Most trespass is a misdemeanor eligible for diversion or a dismissal.
What the State Must Prove for Criminal Trespass
To convict you of Criminal Trespass under A.R.S. § 13-1502, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1Entering or remaining on property. You were on or in the property or structure at issue.
- 2Unlawfully / after notice. Entry was forbidden by posting, fencing, or a request to leave, and you lacked permission.
- 3Knowingly. You knew you were not allowed to be there, the key contested element.
- 4(First-degree) a residence. For a felony, the property was a residential structure or its fenced yard, or critical infrastructure.
Examples of Conduct Charged as Criminal Trespass
- Remaining on property after being asked to leave
- Entering posted or fenced private land
- Being in a closed business or construction site after hours
- Entering a home or fenced residential yard without permission
- Returning to a store or property after a written trespass ban
What Sentence Could You Actually Face?
Trespass penalties range from a fine to felony exposure for residential trespass. Most cases are misdemeanors eligible for diversion or dismissal, especially where notice or permission is in doubt.
Misdemeanor
3rd / 2nd Degree
Class 1 Misd.
Some 1st Degree
Class 6 Felony
Residential Trespass
⚠ Notice and Permission Decide It
Most trespass cases come down to two questions: did you know you weren’t allowed (was the land posted or fenced, were you asked to leave?) and did you have permission or a right to be there. Many arise from landlord-tenant, roommate, and family disputes where the answer is yes. Defeating the knowledge or permission element leads to dismissal, and most trespass is a misdemeanor eligible for diversion.
How We Fight Arizona Criminal Trespass Cases
Every case has weak points. These are the defenses we look at first.
Attacking Notice & Permission
No Notice. Trespass requires that you knew entry was forbidden. If the land was not posted or fenced and you were not asked to leave, the State cannot prove knowledge.
Permission or a Right to Be There. A lease, an invitation, or a good-faith belief you could be there, common in landlord, roommate, and family disputes, is a complete defense.
No Knowing Entry. Wandering onto unmarked property, or staying briefly before realizing, may lack the knowing element.
Mistaken Identity. Where the case rests on a brief sighting or weak video, we challenge whether you are the person involved.
Attacking the Charge & Resolving It
Not Residential. We contest the residential designation that turns a misdemeanor into a Class 6 felony.
Diversion & Dismissal. Most trespass is a misdemeanor eligible for a diversion program or dismissal, especially for first offenders.
Civil, Not Criminal. Many property disputes between neighbors, landlords, and family belong in civil court, not a criminal case.
Unlawful Stop or Statement. Evidence or admissions from an unlawful detention or interrogation can be suppressed.
The Experts We Bring to the Table
Theft cases are built on video, valuations, and loss-prevention reports. We bring the specialists who take them apart.
Video & Surveillance Analysts
What the Footage Shows
Recover and analyze store and police video that often fails to show intent, or shows it was someone else entirely.
Valuation Experts
Disputing the Value
Establish the true value of the property, condition, markdowns, fair market value, which can drop the felony class or make it a misdemeanor.
Eyewitness-ID Experts
Identification
Expose the unreliability of loss-prevention and eyewitness identifications, especially from poor-quality footage.
Digital Forensics Experts
Devices & Online Sales
In organized-retail and online cases, examine the digital evidence and whether it actually ties you to the conduct.
Loss-Prevention & Records Analysts
Reports & Procedure
Scrutinize the store’s loss-prevention report, detention, and inventory records for errors and improper procedure.
Mitigation Specialists
Diversion & Record Protection
Build the case for diversion, restitution, and a resolution that keeps a theft, a crime of dishonesty, off your permanent record.
Recent Criminal Trespass Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles criminal trespass cases across Arizona.
No Posting, No Notice
Charges Dismissed
The land was not posted and our client was never asked to leave; the State could not prove knowing trespass.
Residential Felony Reduced
Reduced to Misdemeanor
We contested the residential designation, dropping a Class 6 felony trespass to a misdemeanor.
Permission Defense
Charges Dismissed
A lease and texts established our client had a right to be on the property, defeating the charge.
Landlord-Tenant Dispute
Charges Dismissed
We showed the matter was a civil landlord-tenant dispute, not a criminal trespass.
First-Offense Diversion
Dismissed via Diversion
Our first-time client completed a diversion program and the charge was dismissed.
Burglary Reduced to Trespass
Reduced to Trespass
Without proof of intent to commit a crime inside, we reduced a felony burglary to a misdemeanor trespass.
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.
Clients reach us searching for the best criminal trespass lawyer in Phoenix, a trespassing defense attorney, or help with an A.R.S. 13-1502, 13-1503, or 13-1504 charge. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend criminal trespass and other theft cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona property crimes practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Criminal Trespass FAQs
Quick answers to the questions we hear most about criminal trespass charges, penalties, and defenses in Arizona.
Is criminal trespass a felony in Arizona?
Usually it’s a misdemeanor. Third-degree (13-1502) is a Class 3 misdemeanor and second-degree (13-1503) a Class 2 misdemeanor. But first-degree (13-1504), entering a residence or fenced residential yard, can be a Class 6 felony.
What does the State have to prove for criminal trespass?
That you knowingly entered or remained unlawfully after notice that entry was forbidden, by posting, fencing, or a request to leave, and without permission. Knowledge and permission are the key contested elements.
Can I be charged if the property wasn’t posted?
It’s much harder for the State. Trespass requires that you knew you weren’t allowed. If the land wasn’t posted or fenced and you weren’t asked to leave, the knowledge element is weak, and that’s a strong defense.
Is having permission a defense to trespass?
Yes, a complete one. If you had permission, a lease, an invitation, or a good-faith belief you could be there, there is no criminal trespass. This is common in landlord-tenant, roommate, and family disputes.
What makes trespass a felony?
Entering or remaining unlawfully in a residential structure or its fenced yard, or trespassing on critical public-service infrastructure, is first-degree trespass and can be a Class 6 felony. The residential element is what raises the stakes.
What’s the difference between trespass and burglary?
Trespass is being somewhere unlawfully. Burglary adds the intent to commit a theft or felony inside. Trespass is the lesser charge a burglary can be reduced to when the State can’t prove that intent.
Can a trespass charge be dismissed?
Often, yes. Most trespass is a misdemeanor eligible for a diversion program or a dismissal, especially for first offenders or where notice or permission is in doubt. Many cases are really civil disputes.
What if I returned to a store after being banned?
Returning after a written trespass ban can be charged as trespass, or even burglary if the State alleges you entered to shoplift. We challenge the notice, the ban, and any alleged intent.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- Criminal trespass is knowingly entering or remaining unlawfully after notice that entry is forbidden.
- Third-degree (13-1502) posted/fenced land = Class 3 misd.; second-degree (13-1503) commercial = Class 2 misd.
- First-degree (13-1504), entering a residence or fenced residential yard, or critical infrastructure, can be a Class 6 felony.
- The State must prove you knew you were not allowed, lack of notice or posting is a defense.
- Permission, a lease, or a good-faith belief you could be there is a complete defense.
- Trespass is often the lesser charge a burglary can be reduced to, when intent to commit a crime inside can’t be proven.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
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.