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Tucson Criminal Trespass Attorney

Criminal trespass can be charged as either a misdemeanor or a felony, depending on the circumstances.  It can also be attached to a domestic violence charge if there is a domestic relationship between the defendant and the victim.  Elias Damianakos is an experienced Tucson criminal trespass attorney including misdemeanor criminal trespass and domestic violence criminal trespass.

In general, criminal trespass occurs when a person refuses to leave the property of another when asked to do so, or enters a property without permission.  Arizona’s criminal trespass statutes differentiate between various types of properties as follows:

A.R.S. § 13-1504First Degree Criminal Trespass

A. A person commits criminal trespass in the first degree by knowingly:

1. Entering or remaining unlawfully in or on a residential structure.

2. Entering or remaining unlawfully in a fenced residential yard.

3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant’s right of privacy.

4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.

5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property.

6. Entering or remaining unlawfully in or on a critical public service facility.

B. Criminal trespass in the first degree under subsection A, paragraph 6 of this section is a class 5 felony.  Criminal trespass in the first degree under subsection A, paragraph 1 or 5 of this section is a class 6 felony.  Criminal trespass in the first degree under subsection A, paragraph 2, 3 or 4 of this section is a class 1 misdemeanor.

A.R.S. § 13-1503Second Degree Criminal Trespass

A. A person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard.

B. Criminal trespass in the second degree is a class 2 misdemeanor.

A.R.S. § 13-1502Third Degree Criminal Trespass

A. A person commits criminal trespass in the third degree by:

1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.

2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.

B. Pursuant to subsection A, paragraph 1 of this section, a request to leave by a law enforcement officer acting at the request of the owner of the property or any other person having lawful control over the property has the same legal effect as a request made by the property owner or other person having lawful control of the property.

C. Criminal trespass in the third degree is a class 3 misdemeanor.

As a Tucson criminal trespass attorney, I have successfully defended hundreds of clients against criminal trespass charges in Arizona. If you have been charged with criminal trespass, whether a misdemeanor, felony, or as part of a domestic violence charge, call us to discuss your case.

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