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. The judge makes the decision because Arizona does not allow jury trials for a class three misdemeanor such as criminal trespass in the third degree.
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
Brian DiPietro Law PLLC Arizona Experienced Tough Aggressive Lawyer for a Criminal Trespass in the Third Degree Charge
Call now Brian DiPietro Law, PLLC (623) 242-2655, for an experienced and knowledgeable Phoenix Arizona criminal defense attorney such as Brian DiPietro when a facing a charge of criminal trespass or any criminal charges. He will be able to analyze the facts surrounding the charge and determine the strength and weakness of the government's case, and especially how to defend against the accusation. Mr. DiPietro has over 37 years of experience as a prosecutor and tough, aggressive criminal defense attorney. He will be very helpful to anyone in Arizona who is charged with the offense of criminal trespass in the third degree.