In Arizona, criminal trespassing is classified as first, second, or third degree, with first being the most extreme. No matter what the degree, a trespass charge is serious, but with the help of the Mesa defense lawyers at JacksonWhite, a trespassing charge doesn’t have to derail your life.
First Degree Criminal Trespassing
According to Arizona Revised Statute 13-1504 – Criminal Trespass in the First Degree, individuals commit first-degree criminal trespass when they:
- Unauthorized entry or presence on residential structures. Its Illegal entrance or presence within an enclosed residential yard. Entry into an enclosure that violates its owner’s right to privacy by looking inside.
- Unlawfully enter or remain on real property containing a mineral claim and intending to hold, work, or take minerals from that claim or lease. Additionally, unlawfully entering or remaining on another’s property in order to burn, deface, or modify a religious symbol without their permission is unlawful conduct and can have severe repercussions.
- Unlawfully entering or remaining on a public services facility is forbidden.
People found guilty of violating paragraphs 2, 3, or 4 are considered class 1 misdemeanors in Arizona.
Misdemeanor Penalties
- Imprisonment: No more than 6 months in jail.
- Fine: Not to exceed $2,500.
Second Degree Criminal Trespassing
A.R.S. 13-1503 – Criminal Trespassing in the Second Degree states that an individual commits criminal trespassing in the second degree when they:
- Enter or remain on a nonresidential property or in any commercial fenced yard unlawfully.
- Someone who commits trespassing in the second degree is guilty of a class 2 misdemeanor.
- Imprisonment: No more than 4 months in jail.
- Fine: Not to exceed $750.
Third Degree Criminal Trespassing
A.R.S. 13-1502 – Criminal Trespassing in the Third Degree states a person commits criminal trespassing in the third degree when a person:
- Enters or remains unlawfully on any real property after the owner or any other person with lawful control over the property has asked you to leave.
- Enters or remains unlawfully on the right-of-way for tracks, storage, switching yards, or rolling stock of a railroad company.
- Criminal trespassing in the third degree is a class 3 misdemeanor.
- Imprisonment: No more than 30 days in jail.
- Fine: Not to exceed $500.
Arizona “No Trespassing” Sign Requirements
Arizona does not impose specific requirements for “no trespassing” signs, however there is no rule against their display as long as they provide sufficient notice of what constitutes entry and their prohibited status. Failure to display such signs does not prevent potential trespassing violations from taking place; even simple signs stating “no trespassing” or “keep out” may suffice as long as they provide enough notice that entry will not occur.
However, in Phoenix property owners have the option of submitting an “authority to arrest” form and authorizing police officers to patrol and apprehend any trespassers. As part of this authorization, property owners must post no trespassing signs at reasonable entrances and regular intervals along their boundary line; The City recommends 16″x 24″ signs that specifically reference A.R.S. 13-1502 (trespassing law), along with English and Spanish languages versions for this sign type.
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Get Help with Your Criminal Trespassing Case
If you have been arrested for one of the criminal trespassing charges listed above, contact the experienced defense team at JacksonWhite Law.
Call the JacksonWhite Criminal Law team at (480) 418-4281 to discuss your case today.
