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Criminal trespassing in Arizona covers three separate offenses, and the type of property involved decides whether a charge is a misdemeanor or a felony that can carry state prison time.
Many cases turn on what the person knew when they entered or stayed, including whether anyone told them to leave, whether a sign was posted, and whether someone with authority let them in. We test each of those facts against the police report. An experienced Flagstaff criminal trespassing attorney can evaluate the notice, permission, and property evidence involved.
The Kaiser Law Group has represented clients in Flagstaff criminal cases for more than 25 years. We offer free consultations to people who have been cited or arrested for trespassing.
An Arizona criminal trespassing attorney at The Kaiser Law Group can read your charging document and identify which subsection the state is relying on, since that subsection sets the maximum penalty you face.
Arizona sorts criminal trespass into three degrees, and the type of property involved decides which one applies. Our guide to misdemeanors and felonies in Arizona explains why the classification of a charge can substantially affect the possible penalties.
The definitions section defines terms such as residential structure, nonresidential structure, and fenced residential yard, so the same conduct can produce a different charge depending on where it happened.
We start every trespass case by pinning down the location.
Arizona Revised Statutes § 13-1502 makes it a class 3 misdemeanor to knowingly enter or remain unlawfully on real property after a reasonable request to leave or reasonable notice prohibiting entry.
It also covers railroad tracks and switching yards. Because the notice is the heart of the offense, the state has to show what was communicated and that you knowingly stayed anyway.
A.R.S. § 13-1503 makes it a class 2 misdemeanor to knowingly enter or remain unlawfully in a nonresidential structure or a fenced commercial yard. A retail store counts as a nonresidential structure.
The statute turns on the type of property rather than a prior request to leave, so a charge can follow without any warning.
A.R.S. § 13-1504 is the most serious tier, and like second degree it has no request-to-leave element. Entering or remaining unlawfully in a residential structure is a class 6 felony, and doing so in a fenced residential yard is a class 1 misdemeanor.
Doing so in a critical public service facility, which the law defines as posted structures, fenced yards, or equipment used by utilities, transit providers, telecommunications carriers, or public safety agencies, or used to move or store gas, oil, electricity, or water, is a class 5 felony.
Because the outcomes differ this much, we check the charging document for the exact subsection alleged.
Penalties rise with the classification, and the sentence a judge selects also reflects your criminal history.
The misdemeanor jail ranges are established under A.R.S. § 13-707. A skilled Flagstaff misdemeanor defense lawyer can explain which sentencing range applies to the charge in your case.
The felony versions of first-degree trespass carry state prison exposure instead of the county jail ranges above.
A first-time class 5 felony has a presumptive term of 1.5 years, and aggravating factors can raise it to 2.5 years under A.R.S. § 13-702. An experienced Flagstaff felony defense attorney can review the sentencing exposure associated with a felony trespass allegation.
Court surcharges add to these base amounts and to any fine, and a prior conviction for the same misdemeanor within the two years before the new offense moves the sentence up one class.
Any conviction can also appear on the background checks that employers, landlords, and licensing boards run.
The Kaiser Law Group can review whether a posted sign, a closure order, or a property-line question applies to your citation before you decide how to respond.
A federal closure order can replace the state charge entirely. When the Coconino National Forest issues a closure order, as it did along Oak Creek this summer, entering it can be a federal class B misdemeanor with up to six months in jail and a $5,000 fine. That far exceeds the 30 days and $500 attached to third-degree trespass, and the order in effect on your citation date controls.
When an alleged trespass occurs on the Coconino National Forest or other federal property, an experienced Arizona federal public-lands crime attorney can determine whether federal rather than state law applies.
Most trespass defenses go after the knowing element, because the state has to prove you acted knowingly.
Someone who stayed after an owner said to leave stands in a different position from someone who reasonably believed a tenant, employee, or owner had let them in, and a dispute over where a property line runs raises a third set of questions.
Daniel Kaiser came to criminal defense through investigative work, and we use that experience to test what a police report claims.
We compare body camera footage, dispatch recordings, photographs of fences and signs, and messages with the property owner against what the officer wrote, since those records show whether anyone gave notice and whether a sign was visible from where you entered.
Speaking with an Arizona criminal trespassing attorney before you talk to a prosecutor keeps you from filling gaps in the state’s evidence. Our guide to choosing an Arizona criminal defense lawyer explains what to consider when seeking representation.
Burglary requires an intent to commit theft or another felony once you’re inside, and trespass doesn’t. Arizona’s criminal code places both in Title 13, Chapter 15, but every degree of burglary is a felony. If an officer raises burglary during questioning, talk with a trusted Flagstaff burglary and theft crime lawyer before you answer more.
For a misdemeanor they generally have one year, and for class 5 and class 6 felonies they have seven years, counted from when the state discovers the offense, according to the Arizona Legislature’s time-limit statute. The clock can pause while you’re outside Arizona, so a warning with no citation doesn’t mean the matter is closed. Keep any paperwork you were given so we can check the dates.
Yes, an officer’s own reasonable request to leave can support a third-degree charge, and a request the officer makes at the owner’s direction has the same legal effect as the owner’s. The third-degree trespass statute spells out both rules. Leave first and raise any dispute afterward, because staying after the request is what exposes you to the charge.
Yes, in most cases, since trespass alone isn’t on the list of offenses barred from sealing. Arizona’s sealing law sets waiting periods of two years for class 2 or 3 misdemeanors, three years for class 1 misdemeanors, and five years for class 5 or 6 felonies after you finish your sentence, and all fines, fees, and restitution must be paid when you file. We can identify when the clock starts for your class of offense.
A trespass citation looks simple on paper, and the details behind it rarely are.
The subsection the state charged, the notice anyone gave, who held authority over the property, and what an officer’s body camera recorded can each change the offense and the penalty attached to it.
Legal fees can depend on the classification and complexity of the allegation. Our overview of criminal defense lawyer costs in Arizona explains some of the factors that may affect the cost of representation.
Contact our firm today for a free consultation and bring the citation, photographs of the property, and any messages about permission—a screenshot is enough—along with notes on who asked you to leave and when. We’ll compare them with the police report so you know what the state can prove before your first court date.
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Flagstaff, AZ 86001
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