Scottsdale Trespass Attorney
Entering someone else’s property might not seem like such a big deal, but in Arizona, a simple mistake could lead to serious charges of criminal trespassing. Depending on the degree to which the individual is charged, a successful criminal trespassing conviction could result in a felony. For these reasons, having the legal support and guidance of a Scottsdale Trespass Lawyer can prove essential in protecting your rights, freedoms, and future. Don’t face these charges alone.
If you have been accused of trespassing on another individual’s property, you are most likely feeling frightened and uncertain over what the future might hold. Similarly, if you are a property owner and believe an individual has trespassed on your property, you may be concerned about the safety of your land or structure.
The laws surrounding these charges and their potential convictions can be complex and having the support of a seasoned law firm like The Law Office of Joshua A. Lopez, LLC can make all the difference when it comes to the potential of securing a positive outcome in your case.
Trespass Lawyer
Call The Law Office of Joshua A. Lopez, LLC today at (844) 707-9356 for your Free Consultation!
What Is Criminal Trespassing in Scottsdale, AZ?
A charge of criminal trespass can occur when an individual is accused of entering or remaining on the property of someone else where they have been offered a reasonable request to vacate the premises, where there are obvious signs posted warning against trespassing, or the individual accused has not been given verbal or written permission from the property owner to enter.
Property can range from fenced or unfenced residential land, such as yards, to private property, such as hunting land, to commercial buildings. It is important not to ignore signs warning against trespassing and stay vigilant. A successful criminal trespass conviction can result in a permanent criminal record, depending on the nature of the charge.
A Scottsdale Trespass Lawyer understands the laws and regulations and can be vital if you are facing trespassing charges in Arizona. At The Law Office of Joshua A. Lopez, LLC, our skilled attorney can offer you the peace of mind that comes with knowing you have the right criminal defense lawyer on your side.
The Law Office of Joshua A. Lopez, LLC: Defending You Against Criminal Trespass Charges in Scottsdale, AZ
Regardless of the nature of your trespass charge, you need a legal professional on your side who is willing to fight aggressively so that your rights, future, and freedoms are protected. At The Law Office of Joshua A. Lopez, LLC, we can work diligently to see these charges reduced or even dismissed. Our experienced firm can tackle these cases head-on and work to mitigate any damage that could be caused by a successful conviction.
From gathering evidence to support your defense to handling any negotiations, we can represent you and your interests should your case move to trial. The team at The Law Office of Joshua A. Lopez, LLC is dedicated to obtaining a positive result.
Likewise, if you are a property owner in Scottsdale and believe someone has illegally entered and/or remained on your property, our team is ready to assist you in bringing these charges forward so that the individuals responsible for the damage to your property may be held accountable for their actions. We will work to handle all negotiations on your behalf, and should the case move to a trial in court; we will represent you and your interest as the property owner.
Common Forms of Criminal Trespass Charges in Arizona and Their Penalties
There are many forms of criminal trespass charges that might arise in Arizona, and each type can come with its own set of unique penalties and consequences. These charges can be convicted in three separate degrees. These include:
- Third Degree Trespassing: This charge can arise when an individual allegedly enters and/or remains on property after being lawfully and reasonably asked to leave by the owner or in cases where there is reasonable signage posted warning against trespassing. This is punishable as a Class 3 misdemeanor and penalties can include 30 days of imprisonment.
- Second Degree Trespassing: This charge occurs when an individual has supposedly entered and/or remained in or on nonresidential property or in a fenced commercial yard. This can be convicted as a Class 2 misdemeanor and is often punishable by four months in prison.
- First Degree Trespassing: A charge of first degree trespassing can occur for several reasons. These include entering or remaining on a residential property, entering a property and then destroying or defacing a religious symbol, or entering any critical facility of public works such as the property of a telephone or gas company. These can be considered felonies and under state law are punishable with prison sentences.
Likewise, charges, wherein an individual has allegedly entered and remained in a fenced resident yard or a residential structure with the intent to infringe on the privacy of the residents, can result in a Class 1 misdemeanor, punishable by up to six months in prison.
Defenses for Criminal Trespass Charges in Scottsdale
There are several defenses that might be enlisted by The Law Office of Joshua A. Lopez, LLC, when it comes to fighting for you in a criminal charge case. The use of these defenses will ultimately depend on the nature of the charges being brought against you. These defenses typically include one or more of the following:
- Lack of Intent: Your Scottsdale Trespass Lawyer can demonstrate how there was a lack of intent or even a lack of knowledge on your part when entering and/or remaining on the property in question.
- Constitutional Rights Violations: Your Scottsdale Trespass attorney may be able to show that your constitutional rights were violated during the investigation by a member of law enforcement, therefore being able to seek a suppression of evidence.
- Insufficient Evidence: Your attorney may be able to demonstrate that the evidence the prosecution allegedly has in their possession is not sufficient enough to hand down a conviction of the charges brought against you.
- Consent: Your attorney may be able to prove that the owner of the property in question gave you their consent to enter and/or remain on the property, and you are, therefore, innocent of a criminal trespassing charge.
- Public Necessity: Your attorney might be able to argue your defense by demonstrating you entered and remained on the property in question out of the necessity to protect the health and/or safety of the public. This could, for example, be used if you entered the property because you noticed a fire and entered to help put it out.
- Private Necessity: Depending on the situation, your attorney may be able to argue your defense by proving you entered the property out of private necessity, out of a concern for the safety of a tract of land, or you were protecting yourself.
- Privilege: Your Scottsdale Trespass Lawyer may be able to argue your defense by stating that you entered the property in order to retrieve property that was rightfully yours by law.
Frequently Asked Questions
Depending on the nature of the trespassing charge and how it is convicted, the amount of fines that may be paid by the guilty party can vary. A Class 1 misdemeanor can be fined with a ticket of no more than $2,500, a Class 2 misdemeanor can be fined up to $750, and a Class 3 misdemeanor can be fined no more than $500.
Yes, if you have been invited onto someone else’s property but refuse to leave after you have been reasonably requested to do so, you can be charged with trespass under Arizona law. In these circumstances, you need the assistance of an experienced Trespass lawyer in Scottsdale, AZ who can work to argue your defense in any negotiations or courtroom trial.
In the state of Arizona, when an individual wishes to bring a trespassing claim against another person who has allegedly caused injury or damage to property, the statute of limitations currently stands at one year statute of limitations for misdemeanor cases. This means that the State or prosecutor has only one year to bring these charges forward before the courts will no longer hear a claim.
There can be several forms of evidence used to try to convict a trespassing charge in Arizona. These forms of evidence can include physical evidence such as photographs, security camera footage, digital evidence such as social media interactions, texts, or emails, statements made by witnesses, and any documentation of the damage that allegedly occurred due to the trespass.
Speak with an Experienced Scottsdale Criminal Defense Attorney Today
If you or someone you know is facing charges of criminal trespassing in Scottsdale, you need the assistance of a professional and experienced criminal defense attorney. At The Law Office of Joshua A. Lopez, LLC, our team is dedicated to ensuring you receive the counsel and representation you deserve during this difficult time. Often, trespassing charges can arise from a simple misunderstanding, and our firm can work to provide evidence to demonstrate your innocence.
Likewise, if you are a property owner in Scottsdale and you believe someone has entered your property with nefarious intentions, allow us to represent you and work to punish the individuals responsible for trespassing on your property.
At The Law Office of Joshua A. Lopez, LLC, we believe all individuals have a right to representation, no matter what has occurred. Contact us today for more information on how we might be of service to you.