Phoenix Criminal Trespassing Attorney

Criminal Trespassing can be charged as a felony in Arizona depending on the degree of which a person is charged. If you are facing Criminal Trespassing charges, it is in your best interests to speak with an experienced defense lawyer as soon as possible. Contact the Phoenix criminal trespassing attorneys at AZ Defenders for dedicated, white-glove service and aggressive criminal defense from a team of trial lawyers with a record of success in defending this type of crimes.

Why Choose AZ Defenders?

  • Our Phoenix criminal defense attorneys are well-versed in Arizona law, with more than two decades of combined experience representing clients in these type of matters.
  • We are respected by our peers and clients alike, with a reputation for aggressive and successful criminal defense and high-quality, personalized service.
  • Our criminal trespassing lawyers will attack any weakness in the evidence against you and use it to strengthen your defense.

What is Criminal Trespassing?

The most common way a person is charged with criminal trespass is when a person commits ignores a sign and enters a property illegally. In Arizona, criminal trespass is split up into first degree (the most severe with the harshest penalties), second degree, and third degree (the least severe with the least harsh penalties) crimes.

Criminal Trespass in the First Degree

A person commits first degree criminal trespassing by:

  1. Entering or remaining unlawfully on a residential structure (which is any structure used for human residence or lodging); or
  2. Entering or remaining unlawfully in a fenced residential yard (which is 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; Paragraphs 2, 3, or 4 are class 1 misdemeanors.

Criminal Trespass in the Second Degree

A person commits criminal trespass in the second degree by entering or remaining unlawfully on a nonresidential structure (which is any structure not used for residing in, this includes retail stores) or in any fenced commercial yard (which is a fenced in area around a commercial structure). Criminal trespassing in the second degree is a class 2 misdemeanor.

Criminal Trespass in the Third Degree

A person commits criminal trespassing in the third degree by:

  1. Knowingly entering or remaining unlawfully on any real property after the owner or any other person (this applies if a police officer has given you a “trespassing warning” at the request of the property owner) 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.

Defenses to Criminal Trespass Crimes

The Phoenix criminal trespassing attorneys at the AZ Defenders pride themselves in finding any and all weaknesses to the prosecution’s case and utilizing the absolute best possible legal defenses to each and every one of our clients’ charges to ensure them the absolute best outcome. Over the years our attorneys have successfully utilized the following defenses to Criminal Trespass crimes:

  • Lack of the intent/knowledge by the person to enter or remain illegally on the property
  • Suppression of Evidence Due to Constitutional Violations by the police agency (including: illegal searches, illegally forced confessions, Miranda violation, and right to Counsel violations).
  • Dismissal of charges through Pretrial Motions.
  • Establishing the State’s lack of sufficient evidence for conviction through interviews and other investigation.

Get in Touch with Our Firm

If you have been charged with first, second, or third-degree criminal trespassing in Phoenix, it is crucial to get an experienced criminal defense lawyer on your side without delay. Contact AZ Defenders today to schedule a free consultation.

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