Your Phoenix Criminal Defense Attorney request your free consultation

Posted on January 26, 2024 in Arizona Law

Criminal Trespassing Charges in Phoenix, Arizona

Many people are surprised to learn that trespassing is a crime. Criminal trespassing charges in Phoenix, Arizona, can range from relatively minor to severe. A conviction may have serious consequences, especially if it is a felony.

If you are charged with trespassing in Phoenix, it’s in your best interest to speak with a criminal defense attorney. A lawyer can explain your legal rights and options while defending you against your charges. It’s always best to consult an attorney when your freedom is at stake than to regret it later.

What Is Criminal Trespassing?

Trespassing happens when someone goes onto another person’s property and refuses to leave. One key component of these charges is to show that the defendant was asked to leave, either by a person or a sign.

There are three different types of criminal trespassing charges in Phoenix, AZ. The severity of the charges varies depending on the circumstances of the trespass.

Criminal Trespass in the First Degree

Criminal trespass in the first degree is the most serious form of trespass in Phoenix. It happens when someone unlawfully enters or remains:

  • On a residential structure
  • In a fenced residential yard
  • In a fenced residential yard and looks into the residence
  • On property subject to a mineral claim with intent to take the minerals
  • On someone’s property to desecrate a religious symbol (like burning a cross)
  • In a critical public service facility

Depending on the basis for the charge, criminal trespass in the first degree can vary from a class five felony to a class one misdemeanor.

Criminal Trespass in the Second Degree

Criminal trespass in the second degree happens when someone unlawfully enters or remains in a nonresidential structure or fenced commercial yard. This form of trespass is a class two misdemeanor.

Criminal Trespass in the Third Degree

Criminal trespass in the third degree happens when someone unlawfully enters or remains on:

  • Any property after being requested to leave by a police officer, owner, or reasonable notice (such as a no trespassing sign)
  • Right of way railway tracks or a railyard

This charge is a class three misdemeanor.

Penalty for Trespassing in Phoenix, Arizona

If you are convicted of any form of criminal trespass, there will be a penalty. The penalty may include jail time, a fine, or both. It will also result in a conviction on your criminal record.

If you are convicted of criminal trespass in the first degree, charged as a class one misdemeanor, you can receive up to 6 months in jail. You may also get a maximum $2,500 fine. You may also be subject to 3 years of criminal probation.

If you are convicted of criminal trespass in the first-degree charges as a class five felony, you can receive up to two and a half years in prison and up to a $150,000 fine. If convicted of a class six felony, you can receive up to two years in prison and up to a $150,000 fine.

If you are convicted of criminal trespass in the second degree, you are facing a maximum of four months in jail and a maximum $750 fine. Finally, if you are convicted of criminal trespass in the third degree, you are facing the lowest penalties. This includes up to 30 days in jail and a maximum $500 fine.

Penalties Vary Case By Case

Just because you can receive a particular conviction, doesn’t mean that you will get the maximum. Judges have the discretion to impose a lesser sentence depending on the facts of the case. They can also consider other factors like your criminal record, or lack thereof.

Consult With a Trusted Criminal Defense Attorney

A good criminal defense lawyer can help you avoid a conviction and advocate for a lesser sentence if you are convicted. If you have no criminal record and committed a minor trespass, you will probably have less severe consequences than a repeat offender. It’s worth setting up a free consultation and discussing how to best mitigate consequences with an attorney.

For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.

Search Our Site

Our Location

Orent Law Offices, PLC

11811 N. Tatum Blvd. STE 3031

Phoenix, Arizona 85028

(480) 656-7301

 

Orent Law Offices Phoenix Criminal Defense Law Firm

Call Now Button