Criminal Trespass Attorney in Arizona
WHAT IS CRIMINAL TRESPASS IN THE FIRST DEGREE?
Criminal trespass in the First Degree is defined under A.R.S. 13-1504.
A person commits criminal trespass in the first degree by intentionally doing the following things:
- Entering or remaining unlawfully in or on a residential structure.
- Entering or remaining unlawfully in a fenced residential yard.
- 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.
- Entering unlawfully on real property that is subject to a valid mineral claim or leases with the intent to hold, work, take or explore for minerals on the claim or lease.
- Entering or remaining unlawfully on the property of another and burning, defacing, mutilating, or otherwise desecrating a religious symbol or another religious property of another without the express permission of the property owner.
- Entering or remaining unlawfully in or on a critical public service facility.
WHAT IS CRIMINAL TRESPASS IN THE FIRST DEGREE
Criminal Trespass is defined under Chapter 15 of Title 13 of the Arizona Revised Statutes. Criminal trespass is committed when a person “knowingly” enters or remaining unlawfully on any real property (land, building, etc.).
Criminal trespass can also be committed when a person is given a reasonable request to leave the property by law enforcement, the owner of the property, or a person having lawful control of the property and knowingly remains unlawfully on the property.
Burglary is committed when a person commits Criminal Trespass and also intends to commit a felony or theft on the property in question.
Penalties for Criminal Trespassing in the First Degree
Criminal Trespassing in the First Degree can be punishable as a Class 5 or as a Class 6 Felony if committed inside a residential structure or on the property of another to deface (destroy) a religious property or a critical public services facility. Any other type of criminal trespass charge is a misdemeanor.
- Class 5 Felony is punishable between 1/2 to up to 2.5 years in prison. It may be eligible with probation and up to 1 year in county jail.
- Class 6 Felony is punishable between 1/3 and up to 2 years in prison. A Class 6 Felony may be eligible with probation with up to 1 year in jail.
- Class 1 Misdemeanor - punishable by up to 6-months in jail.
- Class 2 Misdemeanor - punishable by up to 4-months in jail.
- Class 3 Misdemeanor - punishable by up to 30-days in jail.
Other Types of Criminal Tress Passing in Arizona
Contact Us For a Free Consultation with a Criminal Trespassing in the First Degree LawyerWe are located in Arizona with locations across the East Valley and offer a free legal consultation with a criminal defense lawyer in Arizona about your criminal charges.
3707 E Southern Ave Mesa, AZ 85206
- Criminal Trespass Second Degree
- Criminal Trespass Third Degree
- Criminal Damage