Work with a Phoenix Criminal Defense Attorney Who Will Have Your Back Every Step of the Way

Trespassing may sound minor compared to other offenses, but in Arizona, it is classified as a criminal act with real consequences. If you are accused of entering or remaining on someone else’s property without permission, you could be charged with criminal trespassing under A.R.S. § 13-1502 through § 13-1504. Depending on the details, this charge may be filed as a misdemeanor or a felony.

A conviction could mean jail time, probation, fines, and a permanent record that limits your job prospects and housing options. If you are facing this charge, a Phoenix criminal trespassing lawyer can help you fight back and protect your rights from day one.

What Arizona Law Says About Criminal Trespassing

Arizona divides criminal trespass into three degrees, each with specific definitions and potential penalties. Understanding the differences is key to building a strong defense.

• Third-degree criminal trespass (A.R.S. § 13-1502) involves entering or remaining unlawfully on property after being asked to leave. This usually applies to open land or areas marked with “no trespassing” signs. It is a Class 3 misdemeanor, which may result in up to 30 days in jail.
• Second-degree criminal trespass (A.R.S. § 13-1503) occurs when someone enters or stays unlawfully in a nonresidential structure or fenced commercial yard. This is a Class 2 misdemeanor, punishable by up to four months in jail.
• First-degree criminal trespass (A.R.S. § 13-1504) is the most serious level and includes entering a residential structure, a fenced residential yard, or looking into a residential dwelling in a way that violates someone’s privacy. If a person ignores posted signs or a verbal warning to leave and refuses, this charge may apply. It can be filed as a Class 6 felony or a Class 1 misdemeanor, depending on the facts.

You may not have realized you were trespassing at the time, or you may have had a lawful reason to be there. A Phoenix criminal trespassing lawyer can review the situation and help explain your side in court.

Situations That Can Lead to a Trespassing Charge

Trespassing charges are often filed in situations where intent is unclear or where there is a misunderstanding. Some of the most common scenarios include:

• Returning to a private residence or apartment after being asked to leave
• Entering a commercial property after hours or without authorization
• Cutting through fenced property, open land, or construction zones
• Staying at a business or public area after being told to leave
• Attempting to retrieve personal belongings from someone else’s home
• Being present on property with a revoked or expired invitation

Many people are surprised to learn that even brief presence on private or restricted property can lead to criminal charges, especially if the property owner claims they asked you to leave. In domestic or landlord-tenant disputes, this accusation can arise quickly and result in immediate arrest.

How Trespassing Fits into Arizona’s Property Crimes

Although it does not involve theft or causing harm to another’s property, criminal trespassing is considered an Arizona property crime. This category includes offenses involving land, buildings, or personal space. Prosecutors often treat these cases as threats to public safety or individual rights, especially if the incident occurred in a home, school, or business.

Convictions can impact your standing in future criminal proceedings. They may also affect family court cases, especially if the alleged trespass involves a current or former partner. To prevent long-term consequences, it is critical to have a Phoenix criminal trespassing lawyer examine the facts and identify weaknesses in the state’s case.

Defending Yourself Against a Criminal Trespass Accusation

To convict you of criminal trespassing, prosecutors must prove that you knew—or should have known—you were not allowed on the property. That means your state of mind matters. A defense attorney can challenge the evidence by showing:

• You had permission to be on the property
• There were no signs, barriers, or warnings
• You left promptly when asked
• The alleged victim did not have authority to exclude you
• You were retrieving personal property or assisting someone in need

In some cases, your actions may fall under legal exceptions. For example, emergency responders, utility workers, and people fleeing danger may have lawful reasons for entering property. Even if you did make a mistake, your attorney may be able to negotiate a dismissal or reduction based on your record and the circumstances.

Get Legal Help Early to Protect Your Record

Criminal trespass charges often come with other complications. You may be facing additional allegations like disorderly conduct, harassment, or violation of a restraining order. The sooner you get a legal advocate involved, the better your chances of keeping your record clean and avoiding unnecessary penalties.

A Phoenix criminal trespassing lawyer can help you evaluate the strength of the evidence, respond to court dates, and pursue dismissal, diversion, or alternative sentencing options. In some cases, we can help you avoid formal charges altogether.

Call the Law Office of James Novak for Skilled Criminal Defense

If you have been arrested or cited for criminal trespassing or burglary in Arizona, take the situation seriously. A conviction, even for a misdemeanor, can carry lasting consequences. The Law Office of James Novak has defended individuals throughout Phoenix and Maricopa County for more than a decade.

Call (480) 413-1499 today to speak with a Phoenix criminal trespassing lawyer in a confidential consultation. We are ready to listen to your side, challenge the charges, and fight for your future.