Property Crimes

Criminal Trespass

Understanding ARS Criminal Trespass: ARS 13-1502 _ ARS 13-1503 _ ARS 13-1504

Facing Arizona ARS criminal trespass charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.

This guide provides a detailed overview of criminal trespass ARS laws.

It explains:

  • ARS criminal trespass 1stdegree: ARS 13 1504
  • ARS criminal trespass 2nddegree: ARS 13 1503
  • ARS criminal trespass 3rddegree: ARS 13 1502

Along with key terms, this guide provides insight into the sentencing guidelines for each degree of Arizona criminal trespass. It also answers frequently asked questions about your charges.

Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with ARS criminal trespass, consult with a qualified Arizona criminal defense attorney as soon as possible.

What is ARS Criminal Trespassing?

ARS criminal trespass is defined as knowingly entering or remaining unlawfully on someone else’s property. The severity of the crime largely depends on the type of property you unlawfully enter or remain. Arizona law defines criminal trespass in three degrees, each with varying penalties.

ARS criminal trespass 3rd degree: ARS 13 1502 A1

Criminal trespass 3rd degree Arizona makes it a crime to knowingly enter or remain unlawfully on a property with a notice prohibiting entry or after being asked to leave by any of the following people:

  • law enforcement officer,
  • the owner of the property, or
  • a person in control of the property.

ARS criminal trespass 3rd degree is a Class 3 misdemeanor.

ARS Criminal Trespass 2nd Degree: ARS 13-1503

Criminal trespass 2nd degree Arizona makes it a crime to knowingly enter or remain unlawfully in a nonresidential structure or fenced commercial yard. A nonresidential structure includes a retail store. A fenced commercial yard is broadly defined as any property surrounded by any of the following:

  • fence
  • wall
  • building
  • barrier

ARS criminal trespass 2nd degree is a Class 2 misdemeanor.

ARS Criminal Trespass 1st Degree: ARS 13-1504

Criminal trespass 1st degree Arizona makes it a crime to knowingly enter or remain unlawfully in or on any of the following:

  • residential structure: permanent or temporary residence regardless of whether it is occupied.
  • fenced residential yard: property around a home that is enclosed by a fence, wall, building, or similar barrier.
  • residential yard to look inside a residence, violating the owner’s privacy
  • property while burning or desecrating a religious symbol
  • critical public service facility: any structure or yard with warning signs, used by essential service providers like utilities, mass transit, law enforcement, fire departments, or for handling hazardous materials.

ARS criminal trespass 1st degree ranges from a Class 1 misdemeanor to a Class 5 felony, depending on where you trespass.

Sentencing for the ARS Criminal Trespass:

The criminal trespass Arizona punishment varies based on the specific charge, your criminal history, and the circumstances of the crime. The following table summarizes the potential consequences for each type of offense:

Offense Trespass Charge Jail/Prison Probation (max)
3rd degree trespass Property with notice or request to leave Class 3 misdemeanor Jail: up to 30 days 1 year
2nd degree trespass Nonresidential structure or fenced commercial yard Class 2 misdemeanor Jail: up to 4 months 2 years
1st degree trespass Fenced residential yard, violation of privacy, or mineral claim Class 1 misdemeanor Jail: up to 6 months 3 years
1st degree trespass Residential structure or desecrating religious symbol Class 6 felony Prison: 0.33 – 2 years 3 years
1st degree trespass Critical public service facility Class 5 felony Prison: 0.5 – 2.5 years 3 years

Frequently Asked Questions:

Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.

Key Takeaways:

  • Definition of ARS Criminal Trespass: Criminal trespass involves knowingly entering or remaining unlawfully on someone else’s property. The severity depends on the type of property.
  • Different Degrees of Criminal Trespass:
    • ARS Criminal Trespass 1stDegree (ARS 13 1504): Trespassing in a residential structure, fenced residential yard, or critical public service facility.
      • Class: Class 1 misdemeanor to Class 5 felony
      • Jail/Prison: 6 months jail to 2.5 years prison
      • Probation (max): 3 years
    • ARS Criminal Trespass 2ndDegree (ARS 13 1503): Trespassing in a nonresidential structure or fenced commercial yard.
      • Class 2 misdemeanor
      • Jail (max): 4 months
      • Probation (max): 2 years
    • ARS Criminal Trespass 3rdDegree (ARS 13 1502): Trespassing on property with posted notice or after being asked to leave.
      • Class 3 misdemeanor
      • Jail (max): 30 days
      • Probation (max): 1 years

 

Intent is Key: Unlawfully entering a property or building constitutes criminal trespass. However, if you enter with the intent to commit theft or another felony, it escalates to burglary.

Next Steps:

ARS criminal trespass is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.

If you’re facing ARS criminal trespassing charges, engaging a skilled Arizona criminal defense attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.

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