Our law firm handles all types of trespassing charges in Arizona. We fight to win.
The crime of trespassing can be complicated and confusing. Trespassing can be charged as a misdemeanor or a felony in Arizona. There is a huge difference between those two types of charges. If you don’t know for sure how you are charged, call us. We can help explain how the prosecution has charged you and describe the options you have.
In general criminal trespassing in Arizona is charged as a misdemeanor unless the area trespassed is a home, church or critical public service facility. Trespassing in a residence is a class 6 felony. Trespassing is most commonly charged as a misdemeanor when business owners ask patrons to leave.
It seems that some police agencies have very little tolerance for anyone who does not immediately exit the establishment. Even a delay of a few seconds can result in criminal charges. Such a situation could be charged as a class 1 misdemeanor for “remaining unlawfully.”
There are solutions available to you if you are charged with trespassing in Arizona. If you are charged with a felony, please not that prosecutors have the power to make plea offers that will enable the defendant to have a misdemeanor on their record if they plead guilty. If you were charged with a misdemeanor, there may be ways to avoid a conviction and a criminal record. Obviously, every case is different, an please do not hesitate to contact our criminal defense attorneys for more information. Free consultation. 602-989-5000.
In Arizona, ARS 13-1504 defines the crime of trespassing. The following actions are charged as class 6 felonies–punishable by up to two years in prison:
1) Entering or remaining unlawfully in a residential structure. (A home)
2) Entering unlawfully a building and defacing the religious property of another.
3) Entering or remaining unlawfully in or on a critical public service facility. (A hospital, fire or police station, etc.)
In Arizona, ARS 13-1504 defines the crime of trespassing. The following actions are charged as class 1 Misdemeanors–punishable by up to 6 months jail:
1) Entering unlawfully a fenced residential yard.
2) Entering a residential yard and looking into the residential structure without regard to the person’s right to privacy.
3) Entering real property without permission to explore a mineral claim (mining activity)
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