Discussion of What is the Statute of Trespassing in Arizona?
The Arizona statute governing trespassing is outlined under ARS 13-1502 (third-degree), ARS 13-1503 (second-degree), and ARS 13-1504 (first-degree). Trespassing occurs when an individual knowingly enters or remains on another person’s property without permission. First-degree criminal trespass, as defined by ARS 13-1504, is the most serious and includes unlawfully entering or remaining in residential structures, fenced commercial yards, or critical public service facilities. Second and third-degree trespassing, as defined by ARS 13-1503 and ARS 13-1502, respectively, encompass a range of trespassing offenses involving non-residential property, fenced residential yards, or properties with clear “no trespassing” signs.
Understanding these statutes is crucial for comprehending the various trespassing offenses and their legal implications in Arizona.
Trespassing is a criminal offense in Arizona, punishable by various penalties depending on the specific circumstances of the case. In this blog, we will discuss the Arizona trespassing statutes, the elements of trespassing, and the penalties associated with the different degrees of trespassing. If you are facing trespassing charges in Arizona, it is essential to consult with an experienced Phoenix trespass lawyer to protect your rights and build a strong defense. What’s the Worst Charge for Trespassing?
Arizona Trespassing Statutes
The statutes governing trespassing in Arizona can be found in the Arizona Revised Statutes (ARS) §§ 13-1501 through 13-1504. These statutes define the different degrees of trespassing and the associated penalties.
Elements of Trespassing in Arizona
To be convicted of trespassing in Arizona, the prosecution must prove that the defendant:
- Knowingly entered or remained unlawfully on a property, and
- Did so without the property owner’s permission or legal justification.
Degrees of Trespassing and Penalties
Arizona law divides trespassing into three degrees, based on the severity of the offense:
- First-Degree Trespassing (ARS § 13-1504)
First-degree trespassing is the most serious form of trespassing in Arizona. It typically involves entering or remaining unlawfully in a residential structure, a fenced commercial or residential yard, or a critical public service facility. First-degree trespassing can be charged as a Class 6, 5, or 4 felony, depending on the specific circumstances of the case. Penalties can include significant fines, probation, and even prison time.
- Second-Degree Trespassing (ARS § 13-1503)
Second-degree trespassing occurs when an individual knowingly enters or remains unlawfully in a nonresidential structure or a fenced commercial yard. This offense is classified as a Class 2 misdemeanor in Arizona, and penalties can include fines, probation, and up to four months in jail.
- Third-Degree Trespassing (ARS § 13-1502)
Third-degree trespassing is the least severe form of trespassing in Arizona. It generally involves entering or remaining unlawfully on any property (excluding structures) after being asked to leave by the owner or a person with lawful control over the property. Third-degree trespassing is a Class 3 misdemeanor, with potential penalties including fines, probation, and up to 30 days in jail.
Defending Against Trespassing Charges in Arizona
An experienced Phoenix trespass lawyer can help you build a strong defense against trespassing charges. Potential defense strategies may include:
- Demonstrating that you had permission to be on the property
- Proving that you did not knowingly enter or remain unlawfully on the property
- Showing that the property was not clearly marked or fenced, and you had no reason to believe you were trespassing
Understanding the Arizona trespassing statutes and the penalties associated with each degree of trespassing is crucial when facing trespassing charges. If you are facing trespassing charges in Arizona, it is essential to consult with a skilled Phoenix trespass lawyer to protect your rights and navigate the legal process. Contact the team at Chelle Law today for a consultation.
What is the statute 13 1504 in Arizona?
Arizona Revised Statute 13-1504 addresses criminal trespass in the first degree, which is the most serious form of trespassing in the state. A person commits this offense by knowingly entering or remaining unlawfully in a residential structure, which is classified as a Class 6 felony. Additionally, if someone enters or remains unlawfully in a fenced residential yard, it is considered a Class 1 misdemeanor. This statute aims to protect the privacy and security of residents by imposing strict penalties on those who intentionally violate property boundaries or invade private spaces without permission. Penalties may include fines, imprisonment, probation, or community service, depending on the specific circumstances and severity of the violation.
What is the statute of limitations for trespass in Arizona?
In Arizona, the statute of limitations for filing a trespass claim is two years from the date of the alleged trespass. It is crucial to take timely action if you believe you have a valid trespass claim, as waiting too long may result in losing your right to pursue legal recourse. To protect your rights and ensure the best possible outcome, it is recommended to consult with an experienced attorney as soon as possible after the trespass incident occurs.