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Criminal Trespassing Attorney in Phoenix, Arizona

What is Criminal Trespass?

Arizona law separates Criminal Trespass into different degree levels. Generally Criminal Trespass means when a person knowingly enters or remains unlawfully on a piece of property after they have been requested to leave, or without the expressed permission of the owner, or in violation of a posted sign warning of Trespass.

Criminal Trespass in the Third Degree

A.R.S. 13-1502 – A person commits criminal trespass in the third degree by:

  1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.

  2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company

Punishment for Criminal Trespass in the Third Degree a Class 3 Misdemeanor

Criminal Trespass in the Second Degree

A.R.S. 13-1503 – A person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard.

Punishment for Criminal Trespass in the Second Degree a Class 2 Misdemeanor

Criminal Trespass in the First Degree

A.R.S. 13-1504 – A person commits Criminal Trespass in the first degree by knowingly:

  1. Entering or remaining unlawfully in or on a residential structure

  2. Entering or remaining unlawfully in a fenced residential yard

  3. Entering any residential yard, and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant’s right of privacy.

  4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.

  5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious property of another without the express permission of the owner of the property.

  6. Entering or remaining unlawfully in or on a critical public service facility.

Punishment for Criminal Trespass in the First Degree

Section 6 of the above section is a class 5 felony. Section 1 or 5 of the above section is a class 6 felony. Section 2, 3, or 4 of the above section is a class 1 misdemeanor.

Felony Sentencing Chart in Years

The “P” in the middle stands for presumptive term, which is where a sentencing judge will start. To the left of the Presumptive term is the MIT (Mitigated) and MIN (Minimum). TO the right of the Presumptive is MAX (Maximum) and AGG (Aggravated). The sentencing judge has discretion on whether to sentence above or below the presumptive term.

general crimes sentencing ranges chart Misdemeanor Sentencing Chart

misdemeanor sentencing chartIf you or someone you know has been charged with Trespass, contact our office today to schedule a complimentary case evaluation.