Criminal trespass carry a variety of penalties based on the seriousness of the particular offense. Trespass offenses can be misdemeanors while others may be felonies.
Criminal Trespass in the Third Degree in Phoenix Arizona A.R.S. 13-1502.
Criminal trespass in the third degree is the lowest of trespass claims in terms of seriousness and penalty. It occurs when a person is asked to leave the property by the person with lawful control over that property but instead that person remains without permission. The property must be real property, commonly known as real estate, and the request to leave must be a reasonable request. Unfortunately when someone is charged with the crime of criminal trespass in the third degree the judge assigned to the case makes the determination as to what a reasonable request is or is not.
Criminal trespass in the third degree also covers knowingly entering or remaining unlawfully on the right-of-way for tracks, which would include train tracks or light rail tracks in Arizona, as well as the storage or switching yards or rolling stock of a railroad company. The rolling stock of a railroad company includes obtaining free rides on boxcars without the permission of the railroad.
If the property is posted with a no trespassing sign pursuant to Arizona law, then this is sufficient demand to leave or not remain on the property, and the failure to leave is a violation resulting in the trespass.
Penalty for Criminal Trespass in the Third in Phoenix Arizona A.R.S. 13-1502
A violation in Arizona for criminal trespass in the third degree is a class three misdemeanor. This penalty is the lowest class of crime that one can commit in Arizona. A class three misdemeanor carries a maximum penalty of 30 days in jail, up to $500 in fines and one year of probation.
Defense to Criminal Trespass in the Third Degree in Phoenix Arizona A.R.S. 13-1502
A possible defense to trespass in the third degree is that notice to leave was not given by the person who has lawful possession or control of the property.
Another defense to the charge of criminal trespass in the third degree is that the request to leave was not reasonable.
When the trespass involves notice by posting, the notice might be deficient in its content and not be in compliance with the law. The sign posting no trespass might not be situated in a position that would give a person reasonable notice not to be on the property. If this is the case then one could argue that a trespass did not occur.
Additional possible defenses include:
- Mistaken identity
- No criminal intent
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Criminal Trespass in the Second Degree in Arizona A.R.S. 13-1503
Criminal trespass in the second degree involves entering or remaining in any nonresidential structure or fenced commercial yard. This offense usually involves a commercial property, such as a store or warehouse.
Arizona has defined what a non-residential structure means. It is defined as any structure other than a residential structure and includes a retail establishment.
Arizona also broadly defines structure as any building or any vending machine, object, vehicle, railroad car or place with sides and a floor that is separately securable from any other structure attached to it and that is used for business, lodging, recreation, transportation or storage.
A vending machine under Arizona law is a machine that dispenses service or merchandise by way of coin, currency, credit card token or other non-personal way of accepting payment for merchandise or service received.
A fenced commercial yard is real property that is completely surrounded by walls, fences, buildings or similar barriers, or any combination, that is primarily used for business or where livestock, produce or other commercial items may be found.
Penalty for Criminal Trespass in the Second Degree in Arizona A.R.S. 13-1503
The penalty for a violation of Criminal Trespass in the Second Degree pursuant to A.R.S. 13-1503, is a class 2 misdemeanor. A class 2 misdemeanor in Arizona carries a maximum penalty of 4 months in jail, a fine of $750.00, and two years of probation.
A defense to this charge may be that a person has permission to be there.
Additional defenses include:
- Mistaken identity
- No criminal intent
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Contact Brian DiPietro Law PLLC today (623) 242-2655, for a free case evaluation about your pending criminal case involving criminal trespass in the second degree in Arizona. Brian DiPietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular case. Contact now Brian DiPietro Law PLLC for a free confidential case evaluation about your criminal trespass charges in Arizona.
Criminal Trespass in the First Degree in Arizona A.R.S. 13-1504
Criminal trespass in the first degree is the most serious of the trespass laws and occurs by either:
- Entering or remaining in a residential or structure, such as a home, apartment or hotel room, or
- Entering or remaining unlawfully in a fenced residential yard, or
- Entering any residential yard, and unlawfully, looking into the residential building and recklessly infringing on the right of privacy of the inhabitant. This would be what is commonly known as a “peeping Tom” situation.
- Unlawfully entering onto real property that is subject to a valid mineral lease or claim with the intent to work, take, hold or explore for minerals on the lease or claim, or
- Entering or remaining unlawfully on the property of another and defacing, burning or mutilating or desecrating a religious symbol or other religious property of another without the express permission of the owner of the property, or
- By unlawfully entering or remaining in a critical public service facility. This often occurs with public service utilities such as electric or gas power company property or facilities.
Penalty for Criminal Trespass in the First Degree in Arizona A.R.S. 13-1504
The penalty for criminal trespass in the first degree in Arizona is a class 1 misdemeanor. A class 1 misdemeanor is the most serious of misdemeanor offenses but is less than a felony. The maximum penalty carries a fine of $2,500.00, six months in jail and probation up to three years for a violation of A.R.S. 13-1504.
Defense for Criminal Trespass in the First Degree in Arizona A.R.S. 13-1504
A defense to this charge could be that:
- a person was not given notice to leave or that person had a right to be there
- permission to be there
- mistaken identity
- No criminal intent
Brian DiPietro Law PLLC Arizona Experienced Tough Aggressive Lawyer for Criminal Trespass in the First Degree Criminal Charge
Contact Brian DiPietro Law PLLC today, for a free case evaluation about your pending criminal offense case involving criminal trespass in the first degree in Arizona. Brian DiPietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular criminal offense charges. Contact now Brian DiPietro Law PLLC at (623) 242-2655 for a free confidential case evaluation about your criminal trespass charges in Arizona.