What is 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.
What are Penalties for Criminal Trespass in the First Degree in Arizona A.R.S. 13-1504.
The penalty for defacing, burning, mutilating or desecrating of a religious property is a class 6 felony. A class 6 felony is the least serious of felony charges.
The penalty for trespass at a critical service facility is a class 5 felony.
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
Contact Brian Di Pietro Law, PLLC, Arizona's Most Experienced, Tough Lawyer for Criminal Trespass Charges!
Contact Brian Di Pietro Law, PLLC today, for a free case evaluation about your pending criminal offense case involving criminal trespass in the first degree in Arizona. Brian Di Pietro 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 Di Pietro Law, PLLC at (623) 242-2655 for a free confidential case evaluation about your criminal trespass charges in Arizona.