Is Criminal Trespass a Felony in Arizona? ARS 13-1504

Is Criminal Trespass a Felony in Arizona?

It can be. Arizona grades trespass in three degrees, and the most serious — criminal trespass in the first degree under A.R.S. § 13-1504 — is a felony in its most common form: knowingly entering or remaining unlawfully in or on a residential structure is a Class 6 felony. Other varieties of first-degree trespass are Class 1 misdemeanors, and one — trespass on a critical public service facility — is a Class 5 felony.

The Six Ways First-Degree Trespass Is Charged

• Entering or remaining in a residential structure — Class 6 felony;
• Entering or remaining in a fenced residential yard — Class 1 misdemeanor;
• Entering a residential yard and looking into the home in reckless disregard of the occupant’s privacy — Class 1 misdemeanor;
• Entering property subject to a mineral claim or lease to take or explore for minerals — Class 1 misdemeanor;
• Desecrating religious property while unlawfully on another’s property — Class 6 felony; and
• Entering or remaining on a critical public service facility (utilities and similar infrastructure) — Class 5 felony.

The phrase “enter or remain unlawfully” matters: a person who entered lawfully — a guest, an ex with belongings still inside, a former roommate — commits trespass only if they remain after their right to be there ends and they know it. That knowledge element is where many of these cases are won.

Trespass vs. Burglary: The Intent Line

First-degree trespass in a home and second-degree burglary involve the same physical act — being in a residence unlawfully. The difference is intent to commit a theft or felony inside: with it, the charge is burglary (a Class 3 felony for a residence); without it, trespass (Class 6). That single element separates probation-typical exposure from years of prison exposure, which is why prosecutors often charge burglary and defense attorneys fight to reduce it to trespass. If you were charged with burglary over what was really an unlawful entry, see our guide to property crime defense.

Penalties

A first-offense Class 6 felony carries probation up to 2 years in prison; a Class 5 (critical infrastructure) up to 2.5 years; and the Class 1 misdemeanor varieties up to 6 months in jail and a $2,500 fine. As with any felony, the record itself — background checks, housing, licensing, firearm rights — is usually the more lasting consequence. Class 6 felonies are also frequently designatable as misdemeanors or chargeable as undesignated offenses, a major negotiating lever.

Defenses

• Lawful presence or consent — entry with permission, or a genuine belief permission existed;
• No knowledge that remaining was unlawful — revocation of permission that was never communicated;
• Claim of right — entering to retrieve one’s own property or where a possessory right is genuinely disputed (common in roommate and eviction cases);
• Mistaken identity or wrong-address facts; and
• Reduction from burglary where the State cannot prove intent to commit a crime inside.

How Tamou Law Group Defends Trespass Cases

We start with the two elements the State glosses over: whether the entry or remaining was actually unlawful, and whether our client knew it. The communications record usually answers both. Where the charge came in as burglary, we fight the intent element to bring it down; where it is a Class 6, we push for misdemeanor designation or diversion so a dispute does not become a felony record.

Related pages: Scottsdale property crimes lawyer, Scottsdale theft crimes lawyer, and our Arizona criminal defense overview. Call 623-321-4699, 24/7.