What Counts as Criminal Trespass in Arizona? (13-1502)
Stepping onto property you were told to leave can become a criminal trespass charge under A.R.S. 13-1502 — here’s how the degrees and defenses break down.
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7 Facts about ARS §13-1502: Arizona’s Laws on Criminal Trespass Exploring the degrees of criminal trespass and legal repercussions.
Navigating the legal landscape of criminal trespass in Arizona can be complex. At Tamou Law Group PLLC, we believe in empowering our clients and the community with clear, accurate information. Today, we delve into Arizona Revised Statutes (ARS) §13-1502, which outlines the specifics of criminal trespass in the second degree, a charge that can have significant legal implications. Here are seven crucial facts you need to know:1
Definition and Scope
ARS §13-1502 defines criminal trespass in the second degree as knowingly entering or remaining unlawfully on any nonresidential property or in any fenced commercial yard. This statute is designed to protect property rights and ensure that individuals respect the boundaries set by property owners.2
The Legal Threshold for Criminal Trespass
Under Arizona law, the threshold for an act to be considered criminal trespass is relatively straightforward: if an individual knowingly enters or remains on property without lawful authority, they can be charged. This includes ignoring “No Trespassing” signs, fences, or any other clear indications that entry is not permitted.3
Penalties and Consequences
Criminal trespass in the second degree is classified as a Class 2 misdemeanor. This can carry penalties including up to four months in jail, fines of up to $750, and probation. The severity of the penalty often depends on the circumstances of the trespass and the individual’s criminal history.4
Aggravated Trespass
Arizona law also recognizes more severe forms of trespass, such as ARS §13-1503 (Criminal Trespass in the First Degree), which involves unlawfully entering or remaining in or on a residential structure or in a fenced residential yard. This is considered a more serious offense due to the invasion of residential privacy and carries stiffer penalties.5
Legal Defenses
Several defenses can be used in cases of criminal trespass, including lack of knowledge that the entry was unlawful, temporary necessity, or the presence of an easement or other legal right to be on the property. An experienced attorney can help navigate these defenses to protect your rights.6
Impact on Your Record
A criminal trespass conviction can have long-lasting effects on your record, potentially impacting employment opportunities, housing applications, and more. It’s crucial to address these charges head-on with competent legal representation to mitigate their impact.7
The Importance of Legal Representation
Facing criminal trespass charges in Arizona is a serious matter. At Tamou Law Group PLLC, we understand the intricacies of ARS §13-1502 and are committed to providing our clients with the robust defense they deserve. Our team is well-versed in property rights and criminal law, ensuring that your case is handled with the utmost care and professionalism.
Engage with Tamou Law Group PLLC
If you or someone you know is dealing with criminal trespass charges in Arizona, it’s essential to act swiftly and secure knowledgeable legal representation. The nuances of ARS §13-1502 require a strategic approach to defense, and our team at Tamou Law Group PLLC is here to guide you through every step of the process.Understanding your rights and the legal framework of criminal trespass in Arizona is the first step toward navigating these charges. With the right support and representation, it’s possible to achieve a favorable outcome and move forward.For a consultation or to discuss your case in detail, contact Tamou Law Group PLLC at 623-321-4699. Our experience in Arizona’s criminal trespass laws can provide the clarity and direction you need during this challenging time.
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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.
Why Tamou Law Group for Theft and Property Crime Charges
Theft, burglary, trespass and criminal damage cases turn on intent and permission, and both are usually proved with inferences rather than facts. We supply the facts: the lending history, the messages, the store video and the timeline.
Diversion where most firms plead
Our published results include diversion on an unlawful use of means of transportation case, a second-degree burglary case and a shoplifting case, burglary-tools and stolen-property charges reduced to misdemeanors, and a criminal damage case dismissed.
Former prosecutors on intent
Attorneys on our team have charged theft and property cases for the State. They know how a charging prosecutor evaluates intent and value, and what a defense submission has to contain to change the charge before it is filed.
Felony to misdemeanor
Most theft and property charges have a misdemeanor or an undesignated class 6 version. We build the case toward that outcome from the first appearance, because the designation, not the sentence, is what follows you.
Published results in this area
- State v. T.J., Unlawful use of means of transportation and theft (A.R.S. 13-1803, 13-1802): Diversion
- State v. J.H., Second-degree burglary, criminal damage and theft (13-1507, 13-1602, 13-1802): Diversion
- State v. S.Q., Shoplifting and criminal trespass (13-1805, 13-1502): Diversion
- State v. H.S., Third-degree burglary and possession of burglary tools (13-1506, 13-1505): Reduced to a misdemeanor
- State v. V.D., Trafficking in stolen property, theft and forgery (13-2307, 13-1802, 13-2002): Reduced to a misdemeanor
- State v. C.T., Criminal damage and disorderly conduct (13-1602, 13-2904): Case dismissed
- State v. A.B., Criminal trespass and disorderly conduct (13-1502, 13-2904): Deferred prosecution
Anonymized outcomes from our case results page. Every case is different; past results do not guarantee a future outcome.
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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.
