{"id":19160,"date":"2022-06-21T14:34:10","date_gmt":"2022-06-21T21:34:10","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?page_id=19160"},"modified":"2023-11-15T16:18:51","modified_gmt":"2023-11-15T23:18:51","slug":"trespassing","status":"publish","type":"page","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/mesa\/trespassing\/","title":{"rendered":"Mesa Trespassing Attorney"},"content":{"rendered":"

Introduction<\/h2>\n

To help protect property owners from the threat of intruders, state law makes it illegal to trespass<\/a>. Typically, someone commits this crime by entering someone\u2019s property illegally after ignoring a \u201cNo Trespassing\u201d or \u201cDo Not Enter\u201d sign. However, you can still get arrested for trespassing, even if you don\u2019t purposely disobey a sign.\u00a0<\/span><\/p>\n

You may also receive a trespassing charge if you stay unlawfully on someone\u2019s property after they have asked you to leave. The crime of criminal trespass is split into three categories. We\u2019ll cover these three types of trespassing, followed by penalties for the crime, and what to do if you\u2019ve been charged with this offense.<\/p>\n

Trespassing Laws in Mesa\u00a0<\/span><\/h2>\n

Criminal trespass can occur in the third degree (least serious), second degree, and first degree (most severe). Let\u2019s look at each of these categories below:<\/p>\n

Third-Degree Trespassing<\/h3>\n

Third-degree<\/a> criminal trespass happens when someone violates a \u201cno trespassing\u201d sign or unlawfully remains on a railroad company\u2019s property or train tracks. It can also occur if someone is requested (in a reasonable way) to leave by the person with lawful control over a property and fails to comply.<\/p>\n

Second-Degree Trespassing<\/h3>\n

Second-degree<\/a> trespassing refers to unlawfully entering or remaining on a fenced commercial yard or non-residential structure.\u00a0<\/span><\/p>\n

First-Degree Trespassing<\/h3>\n

First-degree<\/a> trespassing occurs when someone enters or unlawfully stays in a residential structure or looks into a residential structure from a fenced yard, disregarding the right of privacy of the inhabitants. Trespassing in the first degree can also happen when someone enters a property intending to take, hold, or look for minerals without a valid claim that authorizes it.\u00a0<\/span><\/p>\n

Entering or unlawfully remaining on a facility for critical public services or staying on someone else\u2019s property intending to deface or burn a religious symbol, also qualify as first-degree trespassing.<\/p>\n

Penalties for Trespassing in Mesa<\/h2>\n

One element that all three categories of trespassing have in common is that they require someone to unlawfully remain on or enter into another person\u2019s property. Let\u2019s look at the penalties for each of these crimes:<\/p>\n

Third-Degree Trespassing Penalties<\/h3>\n

Third-degree criminal trespassing is the least severe version of trespassing as a class 3 misdemeanor<\/a> offense. This crime may come with consequences of 30 days (or less) in jail and a $500 fine.<\/p>\n

Second-Degree Trespassing Penalties<\/h3>\n

Slightly more severe than third-degree trespassing, second-degree trespassing is a class 2 misdemeanor offense. If you commit this crime, you may have to pay up to $750 in fines and go to prison for up to 4 months.<\/p>\n

First-Degree Trespassing Penalties<\/h3>\n

The most severe form of criminal trespass, first-degree trespassing is a class 1 misdemeanor crime (or a class 6 felony<\/a>, in some cases). It may come with a fine up to $2,500 and a maximum of 6 months in prison.<\/p>\n

Criminal Trespassing Defenses in Mesa<\/h2>\n

To receive a conviction for trespassing, you must have intentionally entered someone\u2019s property unlawfully. A Mesa trespass lawyer could show that you didn\u2019t mean to trespass and did so accidentally. If, for example, there was no conspicuously placed sign on the property, your lawyer may be able to prove that you entered the property without intending to trespass.\u00a0<\/span><\/p>\n

In other cases, you may be accused of trespassing when you were, in fact, invited there by the owner of the property or otherwise given permission to enter. In that case, the charge would have been due to a misunderstanding and your lawyer could potentially get it reduced or cleared for you.<\/p>\n

If you\u2019ve been accused of trespassing, it\u2019s important to take action to protect your interests. A criminal offense on your record could hurt your chances of finding work or a place to live in the future. Even if you had no bad intentions, you could end up with fines or jailtime without an experienced legal professional supporting you.<\/p>\n

JacksonWhite Law in Mesa, Arizona<\/h2>\n

JacksonWhite Law has been serving clients in the Mesa area since 1983. We offer a full range of legal assistance and have plenty of experience navigating cases just like yours with great success. As one of the biggest firms in the East Valley, we work to provide advanced, insightful legal solutions to families, businesses, and individuals throughout the state of Arizona.<\/p>\n

JacksonWhite Mesa Office<\/h3>\n