Criminal trespass is the act of a person knowingly entering a piece of property or remaining unlawfully on the property after they have been told to leave or without the permission of the owner. Criminal trespass also occurs when an individual trespasses on property that has a posted warning them to not enter the property.
If you have been charged for criminal trespass or you believe you are being investigated for the act, then you need to contact a Arizona criminal trespass lawyer as soon as possible so that you can ensure your rights are defended and to work toward a satisfactory resolution in your case. We represent persons throughout Arizona including Phoenix, Scottsdale, Mesa, and Glendale.
Degrees Of Criminal Trespass
There are three degrees of criminal trespass: First-Degree and Second-Degree. First-Degree criminal trespass occurs when an individual enters a residence or remains within the residence unlawfully or remains on the residential structure for the purpose of infringing upon the right of privacy of the inhabitants. This degree also applies to when an individual is on a mineral claim with the intent to explore for minerals, work, or take minerals from the property. And if a person remains on the property of a public service facility or another piece of property with the intent of defacing or burning it, they may be charged with First-Degree. The burning of a religious symbol on the property is also considered a First-Degree offense.
Second-Degree occurs when an individual enters or remains on a non-residential piece of property. Third-degree is when a person has been asked to leave by the owner or any other individual with lawful control over the property and has refused to do so. If there is a “no trespassing’ sign in place and a person enters the property anyway, they may be charged with Third-Degree criminal trespassing due to violating the posted warning.
Criminal Penalties
Many times, individuals are charged with criminal trespass in connection with another crime, such as burglary, robbery, or arson. First-Degree can result in up to 5 ¾ years in prison, depending upon previous offenses and any existing aggravating factors. There are also fines that can be associated with the offense and those fines can equal up to $2,500.
Criminal Defense Strategies
There are a number of defense strategies that an Arizona criminal trespass attorney can use to reduce the penalties or have the charges dismissed. If the case sees the end of a trial, the idea is to achieve an acquittal. There are many angles that can be taken, such as showing that the defendant was not aware they were unlawfully entering property or remaining on property they weren’t supposed to be on. There are also times in which it can be proven that the person who asked for the defendant to leave the property did not have the authority to do so. Every possible angle is taken so that the case can become something of the past toward a brighter future.
Contact An Arizona Criminal Trespass Lawyer
If you have been charged with criminal trespass or you are the subject of an investigation, you don’t have to be alone. You have access to an experienced attorney who is known for being aggressive and creating and using effective strategies. To find out how we can help you, call us at 602-926-7373 or fill out our contact form to schedule your free consultation.
Have you been charged with a crime? Get in touch with a qualified and professional Arizona Criminal Defense Lawyer as soon as possible to discuss your case! Our legal experts will fight for your rights and you will get you justice you deserve.
