Phoenix Criminal Trespass
Privacy is a major factor many people consider when picking a home or a commercial property. One of the reasons for this is that these properties must be able to give them a sense of security and comfort. For commercial property owners, real estate is a significant investment, and any threat can put it at risk.
However, there are cases wherein people with nefarious intentions would enter your property regardless of its level of security. Even if you tell these people off, some will not stop trespassing on your property. Should this happen to you and your land asset, there are laws in place that will help you stop these criminal trespassers and get them punished accordingly based on how they acted when they trespassed on your property.
Let our Phoenix, AZ criminal law firm take a look at your criminal trespass concerns. Our legal team can help you file the necessary charges and fight for the outcome that matches the crime committed. We personalize our legal strategies to match the case and fight for the best potential outcome to resolve it.
Call The Law Office of Joshua A. Lopez, LLC at (480) 630-1143 for your Consultation with a Phoenix Criminal Trespass legal expert.
Definition of Criminal Trespassing in Arizona
Trespassing is when a person knowingly and unlawfully enters or stays on another person’s property without authorization or permission. Some acts that can be considered trespassing include entering a private property or a closed structure, hopping over a fence, and residing on the property even if they were told to leave by the owner.
Under Arizona’s statutes, criminal trespassing is defined in three degrees:
First Degree Criminal Trespass
A person can be charged with this degree of criminal trespassing if they:
- Entered or remained illegally in or on a residential property.
- Entered or remained illegally in a fenced residential yard.
- Entered any residence and looked into it regardless of the inhabitant’s privacy, and they have no lawful authority to do it.
- Entered illegally on real property that is subject to a legitimate mineral claim or lease with the intention of taking, working, or holding the minerals listed in the claim or lease
- Entering or remaining illegally at the party and burning, mutilating, or defacing a religious property without the owner’s permission.
- Entering or remaining illegally in an important public service facility.
- Doing voyeurism
If found guilty, the defendant will face a Class 6 felony offense if they committed the first and fifth points. If they committed the sixth point, it would be considered a Class 5 felony. The rest will be a Class 1 misdemeanor offense.
Second Degree Criminal Trespass
A person can be charged with this degree of criminal trespassing if they:
- Knowingly enter or remain illegally in any commercial structure or a fenced commercial yard.
If found guilty, it is a class 2 misdemeanor offense.
Third Degree Criminal Trespass
A person can be charged with this degree of criminal trespassing if they:
- Knowingly enter or remain illegally on any real property even after they are requested peacefully by a law enforcer, assigned agent, or the owner to leave the property or given notice that entry is prohibited.
- Knowingly enter or remain illegally on the right-of-way of train tracks, storage, or switch yards of a train company.
If found guilty, the defendant will face a Class 3 misdemeanor.
If you are confused about the definition of criminal trespassing, don’t worry! Let our experts at The Law Office of Joshua A. Lopez, LLC look at your Phoenix criminal trespass situation. Our team can identify what level of criminal trespass has occurred and create a strong case against these trespassing individuals.
Penalties for Criminal Trespassing
The penalties for criminal trespassing vary depending on the type of trespassing committed.
For Class 6 felony first-degree criminal trespassing, it will have up to 18 months jail time and up to $150,000 in fines. If it is a Class 1 misdemeanor first-degree criminal trespassing, prison time will be up to 6 months, while fines will be up to $2,500 with additional surcharges.
Class 2 misdemeanor second-degree criminal trespassing will include a 4-month jail time and a $750 fine with additional surcharges. Finally, for Class 3 misdemeanor third-degree criminal trespassing, defendants can face up to 30 days of jail time and fines up to $500 with surcharges.
When we receive your case, The Law Office of Joshua A. Lopez, LLC will also explain the attached penalties. If you are the defendant, we can assist you in creating a legal defense that can be used to counter it or seek a lighter sentence. If you are the petitioner, our team will do its best to fight for these penalties so the defendant understands the gravity of the crime they committed. We guarantee we will fight for your best interest in the case so that the outcome will be in your favor.
Trusted Phoenix Criminal Trespass Lawyers
Regardless of whether you are the defendant or the plaintiff in a criminal case, having a legal team that understands the complexities of the case and identifies the best legal strategy for the best results can be a game changer.
If your case is in Phoenix, AZ, The Law Office of Joshua A. Lopez, LLC can provide you with a unique legal experience as we offer our clients personalized legal services to help them navigate their cases.
One of our experienced criminal lawyers will be assigned exclusively to your Phoenix criminal trespass case. They will review the case with you, answer your inquiries or concerns, and identify the best legal defense or strategy that can be used for the case. We can also defend your side in court and adjust our strategy as the case is heard so we can get to the best favorable outcome. You will also be guided accordingly through related legal resources so you are ready for any outcome and make the right legal decisions for your case.
Our team is also more than happy to provide you with legal advice whenever you need it. This guarantees that you can prevent yourself from getting into further trouble. You can trust our team to help you if you are facing other criminal charges.
Talk to Our Legal Experts Today
As a property owner, you must take the necessary steps to ensure that your property is always safe from anyone with ill intentions. If someone has illegally trespassed on your residential or commercial property and remained without your consent, don’t hesitate to invoke the law to make a point that you do not tolerate these actions.
Let our Phoenix, AZ, criminal law firm assist you in filing the necessary case to stop these illegal trespassers from continuing their act and punish them legally. We will ensure that your case against these people is strong, and the court will give the appropriate sentence. Our legal team can also assist if you are the one facing the charges. Let us know what your situation is, and we’ll provide you with the right legal service that will allow you to navigate through the case.
Call The Law Office of Joshua A. Lopez, LLC at (480) 630-1143 for your Consultation with a Phoenix Criminal Trespass legal expert.