Criminal Trespass Defense in Tucson
Criminal trespass charges in Arizona range from entering a fenced yard to remaining in a building after being asked to leave. The classification depends on the type of property involved.
A.R.S. §§ 13-1502 through 13-1504
Understanding the Charge
Arizona divides criminal trespass into three degrees. Third-degree trespass (A.R.S. 13-1502) involves entering or remaining unlawfully on property after a request to leave, or entering property if notice against entry is given by fencing or signage. Second-degree trespass (A.R.S. 13-1503) involves entering or remaining unlawfully in a nonresidential structure or fenced commercial yard. First-degree trespass (A.R.S. 13-1504) involves entering or remaining unlawfully in a residential structure or fenced residential yard.
First-degree criminal trespass in a residential structure is a Class 6 felony, making it the most serious trespass charge. Second-degree trespass is a Class 2 misdemeanor, and third-degree trespass is a Class 3 misdemeanor. Trespass charges frequently arise in situations involving disputes between neighbors, landlord-tenant conflicts, and situations where an individual returns to a property after being asked to leave.
Potential Penalties
How Doug Defends
- Arguing that the defendant had a lawful right to be on the property, such as a lease agreement, invitation, or property interest
- Challenging whether adequate notice against entry was provided through signage, fencing, or verbal communication
- Demonstrating that the defendant left promptly after being asked and did not "remain" unlawfully
“Doug Taylor has seen trespass cases that range from genuine criminal conduct to misunderstandings about property boundaries and access rights. He evaluates each case on its facts and pursues the defense strategy most likely to produce a favorable outcome.”
Other Areas We Defend
Misdemeanor Defense
A misdemeanor conviction can result in jail time, fines, probation, and a criminal record that follows you for life. Every charge deserves a serious defense.
Criminal Damage Defense
Criminal damage charges in Arizona range from misdemeanors to felonies depending on the value of the property involved.
Disorderly Conduct Defense
Disorderly conduct is one of the most broadly defined charges in Arizona law. If you have been charged, an experienced attorney can evaluate whether the charge is legally sound.
Trespass Charges in Tucson?
Not every trespass accusation is a valid criminal charge. Call for a defense consultation.