What is Trespassing in Arizona?
Trespassing occurs when a person enters or remains unlawfully on a piece of property after they have been requested to leave, or are there without the expressed permission of the owner, or are there in violation of a posted sign warning of trespassing.
Penalties for Criminal Trespassing
First degree criminal trespass is a class six felony if it involves the entering or remaining unlawfully in a residential structure, involves a cross burning, or involves entering or remaining unlawfully in or on a critical public service facility.
For a first offense a class six felony, punishment can be:
- Up to one year in jail or between four months to two years of incarceration in prison.
Second degree criminal trespass can be charged as a class two misdemeanor. A class two misdemeanor carries a range of punishment of probation and up to four months in jail. Additionally, a fine of $750.00 plus surcharges can be imposed.
Third degree criminal trespass can be charged as a class three misdemeanor. A class three misdemeanor carries a range of punishment of probation with up to thirty days in jail. In addition, a fine of up to $500.00 plus surcharges can be imposed.
Trespassing Charges Against Minors
If your son or daughter is a minor and has been charged with trespassing it is common they are given the same misdemeanor treatment as other violators. However, with minors, the court must prove they were given express written or verbal instructions to not enter a specific property. Juvenile trespassing is classified as a Class 1 misdemeanor, with a few exceptions. If convicted, the minor could face fines and even probation. We can help to reduce or even avoid the consequences.
Experienced Breaking an Entering Legal Counsel
Discuss your charges with Charlie Naegle, a recognized advocate and experienced criminal defense and juvenile law attorney at Naegle Law Firm. He treats every client as if they are his only one, and works hard to fight for the best possible outcome.
Call our office today for your FREE consultation.