Most people assume that trespassing is a minor crime. While that may be true in some cases, in others it may be quite serious.
Anyone who is charged with criminal trespass in Arizona should familiarize themselves with the law. Furthermore, they should reach out to an attorney to get personalized legal advice and defend themselves.
What Is Criminal Trespass?
There are three degrees of criminal trespass in Arizona. The different degrees of criminal trespass represent the severity of the offense.
Criminal Trespass in the First Degree
Criminal trespass in the first degree can be either a Class 5 or 6 felony or a Class 1 misdemeanor. A person commits this offense if they knowingly:
- Enter or remain unlawfully in a residential structure
- Enter or remain unlawfully in a fenced residential yard
- Enter a residential yard and look into the residential structure infringing on the inhabitant’s right of privacy
It also includes entering a property to exploit minerals subject to a claim, to burn a religious symbol, or trespassing in a critical public service facility.
Criminal Trespass in the Second Degree
Criminal trespass in the second degree happens when someone knowingly enters or remains unlawfully in any nonresidential structure or any fenced commercial yard. This is a Class 2 misdemeanor.
Criminal Trespass in the Third Degree
Criminal trespass in the third degree is a Class 3 misdemeanor. This happens when someone enters or remains unlawfully on any property after a request to leave by a law enforcement officer, the owner, or after reasonable notice prohibiting entry. It also includes entering or remaining on railroad tracks or storage yards.
What Are the Penalties for Criminal Trespass?
The penalty for criminal trespass depends on the type of trespass charge. Penalties can include jail time and criminal fines.
Criminal trespass in the third degree is the least serious form of criminal trespass. It can carry up to 30 days in jail and a $500 fine. Criminal trespass in the second degree carries up to 4 months in jail and a $750 fine. However, jail time is rare for people charged with a misdemeanor criminal trespass who have no prior criminal record, and if there are no aggravating factors.
Criminal trespass in the first degree is the most serious form. If charged as a Class 1 misdemeanor, it carries up to a year in jail and a $2,500 fine.
When charged as a Class 5 felony, it carries a presumptive 1.5-year prison sentence up to 2 years. When charged as a Class 6 felony, it has a presumptive sentence of 1 year up to 1.5 years. A judge can depart from a presumptive sentence and go higher or lower if justified by the facts of the case.
Some reasons that a judge may impose a higher or lower sentence may include if the defendant has repeat trespass offenses or a prior criminal record. Furthermore, the specific facts of the trespass may warrant an upward or downward departure.
What Are the Defenses to Criminal Trespass?
There are many viable defenses to criminal trespass.
Permission To Enter or Remain
One of the strongest defenses to criminal trespass is that the defendant had permission to enter or remain on the property. This could be explicit permission granted by the property owner or pursuant to a lawful right, such as partial ownership or a claim to the property.
A defendant can also argue that they had implied permission based on the circumstances, such as a mail courier entering property to deliver mail.
Lack of Intent To Trespass
Trespass requires intent. If someone accidentally enters another’s property, then they cannot necessarily be convicted of trespass. This may happen in rural areas where someone accidentally crosses an unfenced property boundary, for example.
Lack of Notice
Many people commit trespass because they were barred from a business or a certain place by a police officer. A critical element is that the defendant had notice that they were not allowed to return to the premises.
If the defendant never got notice or there were no signs that said no trespassing, the defendant might not be convicted of trespass.
Insufficient Evidence
Like every other crime, the prosecutor must prove each element of criminal trespass beyond a reasonable doubt. This means that there is no other reasonable explanation for the evidence except that the defendant committed the crime. This is the heaviest legal burden of all.
If a prosecutor fails to produce enough evidence to meet this burden of proof, then the defendant cannot be convicted of the crime. The defendant does not need to produce any evidence, though it may be helpful when making certain arguments.
Contact a Tucson Criminal Defense Attorney for a Free Case Review
Ultimately, the best defense to a criminal trespass charge depends on the facts of the case. If you’ve been charged, an experienced attorney can help you understand how to present the best defense for your case. Contact a Tucson criminal defense lawyer at Katsarelis Law Criminal Defense Attorneys today at (520) 510-0439 for a free consultation.