Getting arrested for aggravated trespassing in Tucson, AZ, can feel like you’ve suddenly lost control over your life. It might seem like no one understands your side of the story, and you’re probably worried about what’s coming next. Katsarelis Law Criminal Defense Attorneys understands how hard this is, and we’re here to listen without judgment when you contact us at (520) 510-0439.
Our attorneys have helped many defendants deal with similar challenges in Tucson, Arizona, and we can support you, too. You don’t need to figure everything out on your own. Contact Katsarelis Law today to schedule a free consultation with a Tucson aggravated trespassing attorney.
How Katsarelis Law Criminal Defense Attorneys Can Help If You’re Arrested For Aggravated Trespassing
If you’re arrested for aggravated trespassing in Tucson, AZ, the team at Katsarelis Law Criminal Defense Attorneys can help you fight back. Here’s how:
- We’ll carefully look into exactly what happened by reviewing evidence like property boundaries, witness statements, and surveillance footage. If there’s anything that proves you had a valid reason to be there or didn’t intend harm, we’ll use it to strengthen your defense.
- Our lawyers will investigate whether the property owner actually told you to leave or clearly marked the area as restricted. If instructions weren’t clear, we may be able to show that the charges are unfounded.
- We will explore plea deals with prosecutors to get charges reduced or dropped completely by demonstrating any misunderstandings, lack of evidence, or mistakes from law enforcement.
If you need help with an aggravated trespassing charge, we’re here for you. Reach out today to schedule a free consultation with an Tucson aggravated trespassing attorney.
Overview of Aggravated Trespassing in Arizona
Aggravated trespassing in Arizona is a more serious charge than regular trespassing, usually because it involves extra risk of harm or a greater threat to people’s safety or property. A few factors can cause a simple trespass to become an aggravated offense:
- Having a Deadly Weapon: Going onto someone’s property while carrying a gun or another type of deadly weapon can change a basic trespassing charge into aggravated trespassing.
- Intent to Hurt or Threaten Others: If you go onto someone else’s property with an intention of causing harm, threatening occupants, or committing another crime, you could be charged with aggravated trespassing.
- Entering a Residential Area: Trespassing into someone’s house, apartment, or yard area – especially if people are home – can also lead to aggravated charges.
Because aggravated trespassing can result in harsher penalties, understanding what factors are involved is important when defending yourself against these charges.
What Are the Penalties for Aggravated Trespassing in Tucson, AZ?
In Tucson, aggravated trespassing charges fall under Arizona law ARS 13-1504 (first degree trespass), which is considered a Class 6 felony. Even as a first-time offender, this can mean facing up to 1.5 years in prison and significant fines. You may also have to serve as much as 3 years of probation after your sentence.
Penalties become tougher if certain circumstances are involved, such as the presence or use of a deadly weapon, damage to property, or injury to someone.
Additionally, having an aggravated trespassing conviction on your record can seriously impact your future, making it tougher for you to find a job, rent a home, apply for a loan, or get into certain schools.
What Defenses Can Be Raised if I’m Arrested for Aggravated Trespassing?
If you’re facing aggravated trespassing charges in Tucson, your attorney may raise several defenses to help your case. Here are some common ones that could apply:
- Lack of Notice: This defense focuses on whether or not you received a clear warning to stay off the property. Property owners must clearly show an area is private, usually with signs, fences, or verbal warnings. If those warnings weren’t clear or visible, your attorney might argue you didn’t realize you were trespassing.
- Implied Consent: With implied consent, the argument is that you had a good reason to think you could be there. For example, maybe you’d been allowed on the property before, or it’s usually open to the public. This defense questions whether you actually meant to trespass in the first place.
- Mistake of Fact: This means you entered the property because you honestly misunderstood the situation. Maybe you thought the property was public land or that you’d already gotten permission. A reasonable and sincere misunderstanding could remove or reduce your criminal responsibility.
- Necessity: The necessity defense means you had to enter the property to prevent something worse from happening. One example might be entering someone’s yard during an emergency to help another person. Your attorney would argue that the urgency outweighed the property owner’s rights.
- Ownership or Right to Property: Sometimes, there’s genuine confusion about who really owns or controls a certain property. If you reasonably believed that you had a right to be there because of a property dispute or unclear boundaries, this defense can help. In these situations, your attorney can argue that there was never any intention to trespass.
Speak with an attorney to discuss what defenses could apply to your case.
Being charged with aggravated trespassing in Tucson, AZ, can feel overwhelming, but remember that you’re not alone. Katsarelis Law Criminal Defense Attorneys is here to guide you through every step of your case and protect your rights. We take the time to fully understand your situation so we can build the strongest defense for you. Reach out today, and let us help you start putting this difficult experience behind you. Contact our team to schedule a free consultation with a Tucson aggravated trespassing attorney.