Criminal Trespassing in Arizona


Criminal-Trespassing-Crimes-AZ-Castillo-LawIf you are arrested and/or charged with one of the following please contact us as soon as possible as you will need a skilled and experienced criminal defense attorney to defend your rights. Ms. Castillo is a Certified Criminal Law Specialist whom has successfully defended countless people accused of the following crimes.

Criminal Trespassing in the First Degree (ARS § 1504) (See also ARS § 13-1501):

A person commits first degree criminal trespassing by:

  1. Entering or remaining unlawfully on a residential structure (any structure used for human residence or lodging); or
  2. Entering or remaining unlawfully in a fenced residential yard (a part of a property that is fenced in).
  3. Entering a residential yard and looking into the residential structure, thereby violating the property owner’s right to privacy.
  4. Entering or remaining on real property that has mineral claim with the intent to hold, work, or take minerals from the claim or lease.
  5. Entering or remaining unlawfully on a person’s property and burning, defacing, or manipulating a religious symbol without the owner’s express permission.
  6. Entering or remaining unlawfully in or on a critical public services facility unlawfully.
  7. Paragraphs 1, 5, or 6 are class 6 felonies which can be punishable by jail and/or prison time depending on the person’s criminal history.

Paragraphs 2, 3, or 4 are class 1 misdemeanors which can be punishable by up to six months jail.

Criminal Trespassing in the Second Degree (ARS § 13-1503) (See also ARS § 13-1501):

A person commits second degree criminal trespassing by:

  1. Entering or remaining unlawfully on a nonresidential structure (any structure not used for residing in, it includes retail stores) or in any fenced commercial yard (a fenced in area around a commercial structure).

Criminal trespassing in the second degree is a class 2 misdemeanor which can be punishable by up to 4 months jail.

Criminal Trespass in the Third Degree (ARS § 13-1502) (See also ARS § 13-1501):

A person commits criminal trespassing in the third degree by:

  1. Entering or remaining unlawfully on any real property after the owner or any other person (this includes a warning from a police officer at the owner’s request) with lawful control over the property has asked you to leave.
  2. Entering or remaining unlawfully on the right-of-way for tracks (this includes any train track or light-rail track), storage, switching yards, or rolling stock of a railroad company.

Criminal trespassing in the third degree is a class 3 misdemeanor which can be punishable by up to 30 days jail.

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