Arizona Criminal Trespass Attorney

Last Modified: May 9, 2024
Arizona criminal trespass attorney

Have you been accused of first degree trespassing, second-degree criminal trespass, or third-degree criminal trespass? If so, you need an Arizona criminal trespass attorney as soon as possible.

At Genesis DUI & Criminal Defense Lawyers, we have the experience necessary to defend your rights. We use our knowledge of criminal trespass laws to advocate on your behalf.

We are ready to review the allegations of the law enforcement officer, negotiate with the prosecution, and fight for your rights. Learn more about allegations of criminal trespass below. Then, contact us to schedule a free consultation.

Our Arizona Criminal Trespass Attorney Provides The Strong Defense You Deserve

Our Arizona criminal trespass attorney provides the strong defense you deserve

Facing criminal trespass charges in Arizona can have serious consequences, but you can fight these charges effectively with the right defense.

Our Arizona criminal trespass attorney has extensive experience and a deep understanding of state laws governing such trespassing charges. We provide vigorous representation, ensuring that your side of the story is heard and your rights are protected throughout the legal process. Our team is committed to dismantling the prosecution's case, using every available legal tool to defend your freedom.

We understand the stress and uncertainty of being accused of criminal trespass. Our approach involves a comprehensive review of your case's circumstances, including how and why you were on the else's property.

By focusing on the specifics of your situation, we develop tailored defense strategies that address the nuances of your case. Our firm prides itself on delivering personalized attention and aggressive legal advocacy to secure the best possible outcomes for our clients. Reach out to us with any questions you might have. We are always here to help you.

What Defines 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 either knowingly entering intentionally doing the following things:

  1. Entering or remaining unlawfully in or on a residential structure.
  2. Entering or remaining unlawfully in a fenced residential yard or a fenced commercial yard.
  3. Entering any residential yard and looking into the residential structure without lawful authority, thereon in reckless disregard of infringing on the inhabitant's right to privacy.
  4. Entering unlawfully on real property 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 symbol or another religious property of another without the express permission of the property owner.
  6. Entering or remaining unlawfully in or on a critical public service facility.

Criminal trespass in the first degree occurs when a person enters or remains in a residential building (apartment or house) or fenced-in residential yard without permission.

It is also against the law to enter or remain in certain public service buildings without permission. Remember that criminal trespass can also be considered criminal trespass and be charged in the second or third degree.

Examples of Criminal Trespass

Criminal Trespass is defined under Chapter 15 of Title 13 of the Arizona Revised Statutes. It is committed when a person "knowingly" enters or remains unlawfully on any real property (land, building human residence, etc.).

Criminal trespass can also be committed when a person is given a reasonable request to leave the property by law enforcement, the owner, 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 intends to commit a felony or theft on the person's property in question.

How To Respond To Allegations of Criminal Trespass

How to respond to allegations  of criminal trespass
  1. Remain calm and do not resist if you are being detained. Resisting arrest can lead to additional charges and complicate your situation.
  2. Avoid discussing the details of the incident with police or property owners. Anything you say can be used against you in court. It is important to stay silent until you can speak to your attorney.
  3. Contact an experienced criminal trespass attorney as soon as possible. A qualified lawyer can provide the guidance and representation you need to navigate the charges.
  4. Gather any evidence that supports your version of the events. This could include photographs, receipts, or witness statements.
  5. Do not return to the property where the incident occurred. Returning can aggravate the situation and may lead to further legal action.
  6. Follow all legal advice and court orders. This includes complying with any no-contact orders or other conditions the court sets.
  7. Prepare for your defense by working closely with your attorney. Please provide them with all relevant information so they can build a strong case on your behalf.

Penalties for Criminal Trespassing in the First Degree

Criminal Trespassing in the First Degree can be punishable as a Class 5 or Class 6 Felony if committed inside a residential structure or on the private 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 for probation and up to one year in county jail.
  • Class 6 Felony is punishable between 1/3 and up to two years in prison. A Class 6 Felony may be eligible for probation with up to one year in jail.
  • Class 1 Misdemeanor - punishable by up to six months in jail.
  • Class 2 Misdemeanor - punishable by up to four months in jail.
  • Class 3 Misdemeanor - punishable by up to 30 days in jail.

You Need Our Criminal Trespass Attorney In Your Corner as Soon as Possible

You need our criminal trespass attorney in your corner as soon as possible

If you're facing criminal trespass charges, having our attorney in your corner can make a substantial difference in your case. We immediately start working on your defense, ensuring that every legal angle is explored to protect your rights.

Our proactive approach includes challenging the prosecution's evidence and presenting any facts that may mitigate the situation. Our expertise and thorough preparation often result in reduced or dismissed charges.

The sooner you involve us in your case, the better your chances of achieving a favorable outcome. We gather and preserve critical evidence, negotiate with prosecutors, make legal defenses, and strategize an effective defense tailored to your case.

Delaying legal representation can jeopardize your defense and, ultimately, your future. Our firm is ready to step in immediately to start defending your rights with the full force of our legal expertise.

Defense Strategies We Can Use To Defend You

  • Challenging the evidence of intent. We can argue that there was no intent to commit a crime on the property, an important element of criminal trespass. This strategy involves scrutinizing the circumstances of your presence on the property and your actions while there.
  • Questioning the legality of the warning against trespass. If you were not properly warned against entering or remaining on the property, we might challenge the validity of the trespass notice. This includes examining whether the notice was displayed or communicated to you.
  • Proving lack of notice. We can demonstrate that you did not receive proper notice of trespassing, either because signs were not visible or the property was not marked as private. This can be a strong defense if you believe you were allowed to be on the property. There must be a reasonable notice prohibiting entry.
  • Establishing your right to be on the property. We would present this evidence if you had a legitimate reason or right to be on the property, such as being a public utility worker or having the owner's permission. This might involve bringing witnesses or documentation proving your right to be there.
  • Negotiating for reduced charges or alternative resolutions. Depending on the specifics of your case and your legal history, we might negotiate with prosecutors for reduced charges or alternative legal outcomes, such as community service or a diversion program. These alternatives can often result in a more favorable outcome and avoid the repercussions of a criminal record.

Other Types of Criminal Trespassing in Arizona

  • Criminal Trespass in the Second Degree
  • Criminal Trespass in the Third Degree

Contact Us For a Free Consultation with Our Arizona Criminal Trespass Attorney

Contact us for a free consultation with our Arizona criminal trespass attorney

We are ready to defend your rights at Genesis DUI & Criminal Defense Lawyers. We have handled countless cases just like yours.

We can use our network, experience, and resources for a strong criminal defense attorney. We are located in Arizona with locations across the East Valley and offer a free legal consultation with a criminal defense lawyer about your criminal charges.

Do not wait to start defending yourself. Contact us today to schedule a free consultation with our legal team. It would be our honor to take your case.

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