Trespassing involves entering or remaining on property without permission, a criminal offense under Arizona law.
Understanding the elements of trespassing—knowledge, notice, and intent—is crucial for mounting an effective defense.
These elements establish whether the accused knowingly violated property boundaries with clear awareness and intent.
In criminal defense, proving any of these elements is lacking can lead to acquittal or reduced charges. As such, detailing and contesting these elements forms the backbone of legal strategies in trespassing cases.
Get Immediate Help from Our Criminal Defense Attorneys.
We are Available to Talk Now.
Or, Continue Reading Below About:
Criminal Trespassing
Trespassing Laws in Arizona
In Arizona, trespassing is defined as knowingly entering or remaining unlawfully on any property after being explicitly told by the property owner or occupant, through signage or personal communication, that entry is prohibited.
Arizona’s statutes outline different degrees of trespassing, each with specific criteria that distinguish them based on the property type, the trespasser’s actions, and the presence of any aggravating factors.
▶ Understanding the Degrees of Trespassing
Arizona law breaks down trespassing into three primary categories:
- First Degree Trespassing (ARS 13-1504): This is the most severe form and includes trespassing in or on a residential structure, critical public utility, or with the use of a deadly weapon. It is treated as a felony, and the penalties are significantly harsher, including potential imprisonment.
- Second Degree Trespassing (ARS 13-1503): This involves unlawfully entering or staying in a nonresidential structure or fenced commercial yard. It is categorized as a misdemeanor but carries potential jail time.
- Third Degree Trespassing (ARS 13-1502): The least severe, it includes unlawfully entering or remaining on any other property. This is usually charged as a misdemeanor and may involve a fine or short-term imprisonment
▶ Role of Signage and Notices
Proper signage is a critical element in trespass cases. Property owners are expected to post clear, visible notices prohibiting entry. The absence of such signs can sometimes serve as a defense in trespassing cases, especially where the entry into the area was not obviously restricted.
Elements of Criminal Trespassing
Criminal trespassing in Arizona involves knowingly entering or remaining unlawfully on any real property. The law specifies several key elements:
- Knowledge: The individual must be aware that they are entering or staying on the property unlawfully.
- Notice: The property must be marked with clear signs or fencing, or the trespasser must have received verbal or written notice against entry.
- Intent: There must be an intention to defy the property rights of the owner.
These elements must all be proven beyond a reasonable doubt for a conviction to occur.
What is Aggravated Trespassing
Aggravated trespassing in Arizona represents a more severe form of the basic trespass offense, involving circumstances that elevate its seriousness and potential legal consequences.
This type of trespassing goes beyond unauthorized entry and encompasses actions that pose a greater threat to personal safety or property.
▶ Defining Aggravated Trespassing
Under Arizona law, trespass becomes aggravated when it involves certain aggravating factors that heighten the offense’s severity. These factors typically include:
- Presence of a Deadly Weapon: If the trespasser enters or remains on the property with a firearm or any other deadly weapon, the trespassing charge can be elevated to aggravated trespassing.
- Intent to Harm or Threaten: If the trespasser enters the property with the intent to commit any felony or to harm an occupant or property owner.
- Entry into a Residential Area: Trespassing in any residential structure, or in the immediate yard surrounding a residential structure, especially if the occupants are present at the time of entry.
▶Statutory References and Legal Implications
Aggravated trespassing is most often prosecuted under ARS 13-1504, which outlines the criteria for a first-degree trespass, the most severe form of trespassing, which can include aggravated circumstances. Being charged with aggravated trespass under this statute can result in a class 6 felony, potentially leading to significant penalties including prison time, hefty fines, and a permanent criminal record.
Penalties for Criminal Trespass Charges
In Arizona, the penalties for criminal trespass charges vary significantly based on the degree of the trespass, the circumstances surrounding the incident, and the defendant’s criminal history. Understanding these penalties is crucial for anyone facing such charges, as they can have long-lasting impacts on one’s legal record and personal life.
▶ Breakdown of Penalties by Degree
- Third Degree Trespassing (ARS 13-1502): As the least severe form of trespassing, it typically results in a class 3 misdemeanor. Conviction may lead to up to 30 days in jail, a fine of up to $500, and up to one year of probation.
- Second Degree Trespassing (ARS 13-1503): This mid-level offense is classified as a class 2 misdemeanor. It carries penalties including up to 4 months in jail, a fine of up to $750, and two years of probation.
- First Degree Trespassing (ARS 13-1504): The most serious form, particularly when it involves a deadly weapon or entry into a residential structure. Depending on the specifics, this can be charged as a class 6 felony, which may result in up to 1.5 years in prison for first-time offenders, substantial fines, and three years of probation.
▶ Enhancements and Aggravating Factors
The presence of aggravating factors can lead to enhanced penalties. For instance, if the trespassing occurs with a deadly weapon, or if the defendant has prior convictions, the courts may impose harsher penalties. Additionally, if the trespassing results in any damage to property or harm to individuals, these consequences can further increase.
▶ Impact on Future Opportunities
Beyond immediate legal penalties, a criminal trespass conviction can have broader implications. It may affect employment opportunities, especially in fields that require clean criminal records. It can also impact one’s ability to secure housing, loans, and educational opportunities.
| Degree of Trespass | Classification | Penalties |
|---|---|---|
| Third Degree Trespassing (ARS 13-1502) | Class 3 Misdemeanor | Up to 30 days in jail, up to $500 fine, up to 1 year probation |
| Second Degree Trespassing (ARS 13-1503) | Class 2 Misdemeanor | Up to 4 months in jail, up to $750 fine, up to 2 years probation |
| First Degree Trespassing (ARS 13-1504) | Class 6 Felony | Up to 1.5 years in prison, substantial fines, up to 3 years probation |
Defenses to Trespass Charges
Defending against trespass charges in Arizona involves several potential legal strategies depending on the circumstances surrounding the case. The defenses aim to either completely exonerate the accused or reduce the severity of the charges. Below are some commonly employed defenses:
① Lack of Notice
- Explanation: One key defense is proving that the defendant had not received proper notice that trespassing was prohibited. This can include situations where there were no clear signs, or the property was not adequately fenced.
- Legal Relevance: Arizona law requires that property owners provide clear indications that entry is restricted. If these indications are lacking, the defense can argue there was no reasonable way for the defendant to know they were trespassing.
② Implied Consent
- Explanation: Another defense is implied consent, where the defendant had reasons to believe they were allowed on the property. This could be due to previous permissions or the property’s open access to the public at other times.
- Legal Relevance: Implied consent can negate the intent element required for a trespass conviction.
③ Mistake of Fact
- Explanation: This defense applies when the defendant mistakenly believed they had a right to be on the property. For instance, if they thought the property was public or that they had the owner’s permission.
- Legal Relevance: A genuine mistake about the nature of the property or the defendant’s rights concerning it can serve as a defense to criminal intent.
④ Necessity
- Explanation: Necessity can be claimed if the trespass was committed out of an urgent need to avoid a greater harm. For example, entering a property without permission during an emergency to help someone in danger.
- Legal Relevance: This defense acknowledges the trespass but justifies it through the necessity to prevent a more significant injury or damage.
⑤ Ownership or Right to Property
- Explanation: Sometimes, the accused may genuinely believe or actually have a legitimate claim to the property. This could be due to a dispute over property boundaries or ownership rights.
- Legal Relevance: If there’s a credible assertion of ownership or right, it can challenge the unlawful entry aspect of the trespass charge.
These defenses must be thoroughly evaluated and presented based on the facts of each case, typically necessitating the expertise of a knowledgeable defense attorney. Proper legal representation can significantly impact the outcome by effectively utilizing these defenses.
Contact a Criminal Defense Attorney From CHM
The attorneys at Colburn Hintze Maletta (CHM) specialize in defending against trespassing accusations, offering tailored legal strategies that address the specifics of your case. Our team is experienced in challenging the prosecution’s evidence, arguing lack of notice, implied consent, and other key defenses. We also assist in plea negotiations to potentially reduce charges, minimizing the impact on your life.
If you or a loved one faces trespassing charges, contact Colburn Hintze Maletta at (602) 825-2500 for a consultation and secure your defense.
David Maletta is a widely respected criminal defense attorney with over 23 years of experience and has worked on over 1,000 cases and has successfully won over 100 jury trials. David graduated from Northern Arizona University, Magna Cum Laude in 1993 with a degree in Psychology. Shortly thereafter, he earned his Juris Doctor degree from Seton Hall University School of Law in 1998. He has extensive experience in criminal and DUI matters, homicide, sexually-based offenses, domestic violence, white-collar crimes, and various misdemeanor crimes.
Always Available 24/7 for Legal Help
Schedule an Appointment Today!
Call Us Now to Speak with an Attorney (602) 825-2500
Real Client Reviews
Below are just a few of what our clients have to say!
“We are incredibly grateful for all of his help and support”
I cannot recommend Henry Alzate highly enough for anyone seeking a family attorney. From our first consultation, it was clear that Henry is not only highly knowledgeable but also deeply compassionate. He took the time to understand the complexities of our situation and provided clear, practical advice every step of the way, our case was a nightmare and he never failed to reassure us that he had this handled. He demonstrated exceptional skill in handling our case, always keeping us informed and involved. Their professionalism, dedication, and attention to detail are truly impressive. Whether it was negotiating settlements with the other party or representing us in court, Henry was always prepared and tenacious, fighting for the best possible outcome for our family. Beyond their legal expertise, Henry offered emotional support and guidance during a VERY stressful time. They treated us with respect and empathy, making us feel valued and understood. If you need a family attorney who combines legal acumen with genuine care for their clients, look no further than Henry Alzate. We are incredibly grateful for all of his help and support. Thank you Henry for making a difficult process much more manageable and for achieving such a positive result for our family!! Also Jenifer was AMAZING too. If we have to go back to court I want them both on my team again.
Karen Romero Valdez - Google Review
“She was passionate and driven when managing my case”
Lauren Bostick assisted me with the child custody case. She was passionate and driven when managing my case. She thinks outside of the box and is determined to serve justice. Lauren and her teammates ensured I was given recourses to manage my case and my personal well-being. She is extremely knowledgeable and caring. I was honored to be represented by her. Due to her work ethic and perseverance, she was able to win my case and get me even more quality time with my son. I will be forever thankful for her help and her team.
D P- Google Review
“He treated us as individuals with unique circumstances and emotions”
I had an incredibly positive experience with Colburn Hintze Maletta’s firm, especially thanks to attorney Henry Álzate. He played a crucial role in guiding my mother’s case, especially regarding financial support after her unexpected divorce. Henry demonstrated a profound commitment, ensuring to pursue of the best possible outcome with dedication and empathy. One of Henry’s standout qualities is his genuine care for individuals. Despite my mother’s language barrier, Henry facilitated communication, ensuring she comprehended every step of the legal process. This made a significant difference in our comfort and understanding throughout the case. His ability to convey complex legal matters in a clear and compassionate manner is truly admirable. Throughout our interactions, Henry’s charisma and warmth made us feel valued beyond just being clients; he treated us as individuals with unique circumstances and emotions. His support and determination to achieve favorable results for my mother were evident from start to finish. I highly recommend Henry Álzate and the Colburn Hintze Maletta firm for anyone seeking legal assistance, especially in family law matters. Henry’s professionalism, empathy, and dedication are exemplary, ensuring that clients receive not only exceptional legal representation but also genuine support during challenging times.
Yajaira Magana - Google Review
“She was a ray of light for me and my children when all hope appeared infeasible”
I appreciate Attorney Lauren Bostick because of all she did for my family, and words cannot describe the joy I feel making a decision to have her as my attorney. She was a ray of light for me and my children when all hope appeared infeasible. She was available to walk me through and was very kind to help with my questions. Thanks a lot from the deepest part of my heart for all you have done for me and my family and may God bless you. My children and I are eternally grateful and strongly recommend Attorney Lauren Bostick.
Nuli G - Google Review
“I couldn’t be happier with their service.”
I hired CHM a day before I left out of state for my son’s wedding. I had been in a terrible car accident the night before I left and had no car, no help and no idea what to do after the accident. The legal team took care of everything for me. From my property damage to helping me get a new car. I couldn’t be happier with their service.
Jane Anderson - Google Review
“She is unmatched along with her overall professionalism”
Lauren Bostick is the absolute best! She represented me in a divorce/custody case where I was treated with more kindness, empathy, and understanding than you could ever imagine when dealing with such a difficult time in my life! She brought an abundance of knowledge and expertise that I found to be unmatched along with an overall professionalism in the courtroom that put my mind at ease each time I was faced with having to be there! I’m so grateful for everything she did, and I recommend her at every opportunity I can!
Jennifer Stevens - Google Review
“They made the process smoother!”
Juanita and her team were fabulous. Very informative, educational, patient, and empathetic during one of the most difficult times in my life. They made the process smoother!
Nercy Aguiniga - Google Review
“The Service they provide is top notch”
I’m Extremely happy with the help I receive from CHM. The Service they provide is top notch. If you’re looking for an attorney I recommend CHM.
James Barajas - Google Review
” I’m really happy with the customer service”
Not only was this experience the best experience I could have asked for while going through one of the toughest times of my life, but the peace and ease that was reassured me throughout the challenging time of my divorce. I can reassure you this is by far the best option not the only option if you want a hard-fighting, honest, dependable, and welcoming firm to represent you!!
Demetrius Ellis - Google Review
“Tim was absolutely amazing and worked diligently”
I had an incident and was given the catch-all charge. There wasn’t really anything I could do by myself to get out of it. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. Which he successfully achieved! As of right now, I am on the path to having my case fully dismissed. A couple of things that really helped me through this process was that Tim did an amazing job at answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. I would trust him and the company he works for with any other cases in the future, and as of right now, they will be my first choice if I need a lawyer in the future.
Dylan - AVVO Review
“This team and office truly are miracle workers and genuinely care about you”
Called and spoke with a lady named Juanita. I told her my situation about a legal matter. She connected me with David who represented me. I had an ugly situation that could have cost me losing my job. David made sure all my questions were answered. What was really amazing was that Juanita would call to check up and make sure I knew what I needed and if I had any questions. This team and office truly are miracle workers and genuinely care about you. Thank you all again at CHM!
Martha Rentaria- Google Review
“He is a very fine, experienced, and capable defense attorney”
David Maletta is a very fine, experienced, and capable defense attorney. He successfully defended 2 members of our family in the last 2 years, with very favorable outcomes. He is an excellent communicator who pays attention to detail and explains things well. Despite being a tough adversary in court, he is a kind and caring human being. We highly recommend him.
Stan- Avvo Review
“This law firm is the absolute best!”
This law firm is the absolute best! They were responsive, communicative, and professional. Customer service is always on top answering calls in a timely manner. I will be recommending this firm to everyone I know.
Samantha Tagala - Google Review
“He has my respect as an attorney and being a well rounded representer”
I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be Dui, possession, or your every day to day traffic violations where you need representation Tim Hintze is your man. You have to respect a man that listens to every per request that you make on a case and he gets in there and get it done. Tim has my respect as an attorney and being a well rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.
Ben - Avvo Review
“He was extremely professional, thorough, and just genuinely outstanding”
Approximately six months ago, I was charged with disorderly conduct and was an anxious wreck about the entire situation (as I had never been in trouble with the law before). Throughout the entire process, my attorney, Kyle Castillo was extremely professional, thorough, and just genuinely outstanding. Kyle helped ease my anxiety and reassured me that they had my back. I would 100% recommend CHM Law!!!
Brittany martin - Google Review
“I felt secure and protected the whole time”
I just went through 4 of the worst years of my life. Over half of which was spent in a prolonged divorce. It didn’t have to take over 2 years, but that was my fault. I’m not the easiest client to have, but somehow, Darin Colburn handled me and my toxic marriage with absolute perfection. Darin was very professional, tolerant, understanding, and knowledgeable while delivering the best possible results imagined. Mr. Colburn was there for me every step of the way. I felt secure and protected the whole time. I don’t think my case could have been any smoother had I hired anyone else. In the end and along the way, Darin earned every penny plus my respect and appreciation. If I ever need legal representation again, I will look no further than Darin Colburn. Thank you, Darin!
Az Aces- Google Review
“I’m very amazed by their service and how smooth it is”
Amazing experience, very knowledgeable, thorough, and professional. I’m very amazed by their service and how smooth it is, especially with how much help I received with my case.
Hugo Esparza - Google Review
“Best injury lawyers in Phoenix!”
I hired CHM Injury Attorneys after I got rear-ended and could not be happier with my decision. Darin, Jessica, Libby, Maeve, and the whole team have been awesome! They are knowledgeable and kept me informed throughout the case. Most importantly they helped me get the care I needed when I needed it. With CHM I didn’t feel like just another case. I felt like family. I strongly recommend CHM! They are the best injury lawyers in Phoenix!
Patrick Martin - Google Review
“I strongly recommend him to any party seeking outstanding counsel concerning divorce issues “
Darin is a thorough and attentive attorney who truly cared about the process and ultimate result/decision regarding my case. I strongly recommend Darin to any party seeking outstanding counsel concerning divorce issues.
Pete - Avvo Review
“They displayed unparalleled professionalism and expertise throughout my legal matter.”
I had a fantastic experience with Colburn Hintze Maletta PLLC. Their team of attorneys displayed unparalleled professionalism and expertise throughout my legal matter. They were responsive, thorough, and strategic, ensuring I was informed and confident every step of the way. I highly recommend their services for anyone looking for reliable and effective legal representation.