Phoenix Trespassing Attorneys

The Arizona Revised Statutes: Criminal Trespass Laws

The moment a person refuses to leave the premises after being lawfully asked or ordered to leave, they could be charged with the crime of criminal trespassing. If you are the victim of such accusations, contact MayesTelles PLLC right away for excellent legal representation.

Also known as "loitering," criminal trespassing can be committed in one of three different degrees, each with its own penalties:

Third degree trespassing (A.R.S. §13-1502):

• Entering or remaining on any real property after being lawfully asked by the owner to leave the property or where there is reasonable notice prohibiting entry
• Class 3 misdemeanor, punishable by 30 days' imprisonment

Second degree trespassing (A.R.S. §13-1503):

• Entering or remaining on or in nonresidential property or a fenced commercial yard
• Class 2 misdemeanor, punishable by four months' imprisonment

First degree trespassing (A.R.S. §13-1504):

• Entering or remaining in or on a residential structure
• Entering or remaining in or on property and defacing or destroying a religious symbol
• Entering or remaining in or on a critical public service facility (telephone/gas companies, law enforcement agencies, fire departments, etc.)
• The above are class 6 felonies, punishable by six months to 1.5 years' imprisonment, or up to 2 years for an aggravated offense
• Entering or remaining in a fenced residential yard
• Entering a residential yard to look into a residential structure and infringe on the privacy of the inhabitants
• The above are class 1 misdemeanors, punishable by six months' imprisonment

Want to avoid these penalties? Call a Phoenix trespassing lawyer at MayesTelles PLLC. We're available 24/7.

Why Choose MayesTelles PLLC?

At MayesTelles PLLC, we understand the seriousness of trespassing charges and the potential impact they can have on your life. With our deep knowledge of Arizona’s criminal trespassing laws and a track record of success in defending clients, we are prepared to protect your rights every step of the way. Our team brings a unique perspective to every case, leveraging insights into prosecution strategies to build a strong defense.

If you’ve been charged with trespassing, don’t wait to get the help you need. Call MayesTelles PLLC at (602) 428-7104 for a free consultation today. We are available 24/7 to provide the legal representation you deserve.

Fight False Charges of Criminal Trespassing

As property owners, anyone has the right to ask another person to leave their property. It is also a grievous violation of a person's privacy when someone unlawfully enters their home or residential yard. These are the reasons why criminal trespassing is so harshly punished in Arizona state law. However, it is also quite possible for a person to make false accusations against another person out of anger or fear.

Common Legal Defenses in Trespassing Cases

If you have been charged with trespassing in Phoenix, it is important to understand the legal defenses that may be available to challenge the accusations. An experienced Phoenix trespassing attorney from MayesTelles PLLC can help craft a defense strategy tailored to your case. Below are some common defenses used in trespassing cases:

Lack of Intent

To be convicted of trespassing, the prosecution must typically prove that you intentionally entered or remained on someone else’s property without permission. If your actions were unintentional or you entered the property by mistake, this could serve as a strong defense. For example:

• You accidentally wandered onto private property while hiking.
• You misunderstood property boundaries or unclear signage.

Permission to Enter

If you had explicit or implied permission to be on the property, you may not be guilty of trespassing. This defense applies if:

• The property owner invited you onto the premises.
• You were on the property with the consent of someone authorized to give permission.

Mistaken Identity

In some cases, the accused may be wrongfully identified as the person who committed the alleged trespassing. Mistaken identity is particularly common when accusations are based on vague descriptions or video footage. An attorney can help disprove these claims by presenting alibi evidence or questioning the credibility of the identification.

Insufficient Notice or Signage

For a trespassing charge to hold, there must be clear notice that entry is prohibited. If the property lacked adequate signs, fencing, or other markers to indicate restricted access, this could undermine the prosecution’s case.

Necessity or Emergency

In certain situations, entering private property may be legally justified. For instance:

• You entered the property to seek shelter during an emergency.
• You were assisting someone in immediate danger.

What to Do After Being Charged with Trespassing

Taking the right steps after being charged with trespassing can significantly impact the outcome of your case. Here’s what you should do immediately to protect your rights and build a strong defense:

Gather Evidence: Collecting evidence early can help establish your innocence or create reasonable doubt about the accusations. Consider gathering:

• Photos or videos of the property to show inadequate signage or barriers.
• Witness statements from people who were with you or observed the incident.
• Documentation proving permission to be on the property, such as emails, text messages, or written agreements.

Document the Incident: Write down a detailed account of the event as soon as possible. Include:

• The date, time, and location of the alleged trespassing.
• The events leading up to the incident.
• Any interactions you had with the property owner or law enforcement.

Avoid Discussing the Case: Refrain from discussing the incident with the property owner, law enforcement, or anyone else without consulting an attorney. Anything you say could be used against you in court. Instead, direct all communication to your attorney.

Seek Legal Counsel: Contact a qualified Phoenix trespassing lawyer immediately. An experienced attorney can:

• Assess the strength of the charges against you.
• Identify weaknesses in the prosecution’s case.
• Negotiate with prosecutors to reduce or dismiss the charges.
• Represent you in court and fight for the best possible outcome.

Call MayesTelles 24/7 for Your Free Consultation

Allow us to review your case today, and we could tell you what legal action you could take to fight your charges and have them reduced or dismissed altogether. We have experience in all areas of criminal defense, including having a detailed understanding of prosecution. Attorney David V. Telles is a former prosecutor and could see things from your opponent's point of view, allowing him to strengthen your defense and fight for you more effectively.

Need thorough, well-rounded legal representation? Call MayesTelles PLLC at (602) 428-7104 to consult with a Phoenix criminal trespassing lawyer.