Criminal Trespass Defense
A trespass charge can feel out of proportion to what happened, especially when it grew out of a family, roommate or landlord dispute. Knowing which degree you are facing is the first step toward a clear plan.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: Arizona has three degrees of criminal trespass, in A.R.S. § 13-1502, A.R.S. § 13-1503 and A.R.S. § 13-1504.
- How it is classified: Most forms are misdemeanors, from class 3 up to class 1. Trespass in a home, or trespass to deface or desecrate religious property, is a class 6 felony, and trespass in a critical public service facility is a class 5 felony.
- Possible sentence (first offense): From up to 30 days in jail for third degree, to a range of 0.33 to 2 years in prison for trespass in a home, with probation possible.
- Where the case is heard: Misdemeanors are heard in a city (municipal) court or a justice court, depending on where it happened. Felony forms are heard in Maricopa County Superior Court in the downtown Phoenix criminal court complex. Confirm the building on your current notice.
- What to do now: Stay away from the property, save any texts, signs or written notices, and talk with a defense lawyer before your court date.
What the law says
Every degree requires that you acted knowingly and that you entered or remained unlawfully. Under A.R.S. § 13-1501(2), presence is unlawful when your intent for being there is "not licensed, authorized or otherwise privileged." Under A.R.S. § 13-105(10)(b), knowingly means you were aware of your conduct or that the circumstance existed.
- Third degree, § 13-1502(A): entering or remaining unlawfully on any real property after a reasonable request to leave from a police officer, the owner or another person with lawful control of the property, or after "reasonable notice prohibiting entry." It also covers railroad right-of-way, yards and rolling stock. Under § 13-1502(B), an officer's request made at the owner's request counts as the owner's request.
- Second degree, § 13-1503(A): entering or remaining unlawfully in or on a nonresidential structure, such as a store or office, or in a fenced commercial yard.
- First degree, § 13-1504(A): entering or remaining unlawfully in a residential structure or a fenced residential yard; entering any residential yard and looking into the home "in reckless disregard of infringing on the inhabitant's right of privacy"; entering land under a valid mineral claim or lease to take or explore for minerals; entering another's property to deface or desecrate religious property; or entering or remaining unlawfully in a critical public service facility.
The definitions in § 13-1501 often decide the degree. A fenced commercial yard must be "surrounded completely by fences, walls, buildings or similar barriers." A fenced residential yard is enclosed land that "immediately surrounds or is adjacent to a residential structure." A critical public service facility is a posted utility, energy, transit or emergency services site described in § 13-1501(1).
How it is classified
| Conduct | Statute | Class |
|---|---|---|
| Real property after a request to leave or notice; railroad property | § 13-1502(C) | Class 3 misdemeanor |
| Nonresidential structure or fenced commercial yard | § 13-1503(B) | Class 2 misdemeanor |
| Fenced residential yard; looking into a home from a yard; mineral claim | § 13-1504(A)(2), (3), (4) | Class 1 misdemeanor |
| Residential structure; religious property | § 13-1504(A)(1), (5) | Class 6 felony |
| Critical public service facility | § 13-1504(A)(6) | Class 5 felony |
Possible penalties
Misdemeanor limits come from A.R.S. § 13-707(A) for jail, A.R.S. § 13-802 for fines and A.R.S. § 13-902(A) for probation:
| Class | Jail up to | Fine up to | Probation up to |
|---|---|---|---|
| Class 1 misdemeanor | 6 months | $2,500 | 3 years |
| Class 2 misdemeanor | 4 months | $750 | 2 years |
| Class 3 misdemeanor | 30 days | $500 | 1 year |
For a first felony offense, A.R.S. § 13-702(D) sets a class 6 range of 0.33 to 2 years, with 1 year presumptive, and a class 5 range of 0.5 to 2.5 years, with 1.5 years presumptive. Probation of up to three years is available under § 13-902(A) if you are eligible. For a class 6 felony that is not a dangerous offense, A.R.S. § 13-604(A) lets the court enter judgment as a class 1 misdemeanor or leave it undesignated until probation ends, unless you have two or more prior felony convictions.
Consequences beyond the sentence
- Record: Even a misdemeanor trespass is a criminal record. A set-aside under A.R.S. § 13-905 sets aside the judgment of guilt. Under A.R.S. § 13-911(E), you may petition to seal the record two years after completing a class 2 or 3 misdemeanor sentence, three years for a class 1 misdemeanor and five years for a class 5 or 6 felony. See record sealing and set-asides.
- Domestic violence: A.R.S. § 13-3601(A) lists §§ 13-1502, 13-1503 and 13-1504. If the person involved is a current or former spouse, a household member, a relative, a co-parent or a current or former romantic partner, the case can be charged as domestic violence.
- Firearms: A felony conviction makes you a prohibited possessor under A.R.S. § 13-3101(A)(7)(b), and 18 U.S.C. § 922(g) adds a federal bar.
- Immigration: Some convictions carry consequences under 8 U.S.C. § 1227(a)(2). If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
- Work and housing: A trespass conviction can come up in background checks for jobs and rentals.
Avoiding jail is not the same as avoiding a conviction. A quick plea to a fine can still leave a record that follows you.
How we defend criminal trespass cases
Trespass cases often turn on small facts about permission and notice. Depending on the situation, we may look at:
- The request to leave or the notice. For third degree, who asked you to leave, whether that person had lawful control, and whether the request or notice was reasonable.
- Your right to be there. A lease, a shared home, a family relationship or an invitation can make your presence privileged.
- Knowledge. Unclear boundaries, missing signs or mixed messages from an owner can show you did not knowingly remain unlawfully.
- The definitions. A yard that is not fully enclosed, or a building that is not a residential structure, may not fit the degree charged.
- The evidence. Body camera video, store video and witness accounts can confirm or contradict the report.
Some cases can be resolved through a plea to a lower degree or through diversion. In county prosecutions, A.R.S. § 11-361 describes a program in which the county attorney "may divert or defer" a prosecution before a plea or trial.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
It depends on the degree. Third degree trespass on open property requires a reasonable request to leave or reasonable notice prohibiting entry. The second and first degree forms do not list a request to leave, but the State must still prove your presence was unlawful.
Yes. Under § 13-1504(B), knowingly entering or remaining unlawfully in a residential structure is a class 6 felony, which may be designated a misdemeanor under § 13-604. If the State also alleges intent to commit a theft or felony inside, the charge becomes residential burglary.
On a felony charge, the right to appointed counsel attaches. In misdemeanor court, once the State avows it will not seek jail and the judge agrees, there is no right to an appointed lawyer (Ariz. R. Crim. P. 6.1(b); Campa v. Fleming, 134 Ariz. 330 (App. 1982)). You can still hire your own lawyer.
Yes, if you knowingly stayed in a nonresidential structure unlawfully, such as after being told to leave. That is second degree trespass under § 13-1503, a class 2 misdemeanor.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 11-361: Definition of program
- A.R.S. § 13-105: Definitions
- A.R.S. § 13-604: Class 6 felony; designation
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 13-707: Misdemeanors; sentencing
- A.R.S. § 13-802: Fines for misdemeanors
- A.R.S. § 13-902: Periods of probation; monitoring; fees
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
- A.R.S. § 13-911: Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition
- A.R.S. § 13-1501: Definitions
- A.R.S. § 13-1502: Criminal trespass in the third degree; classification
- A.R.S. § 13-1503: Criminal trespass in the second degree; classification
- A.R.S. § 13-1504: Criminal trespass in the first degree; classification
- A.R.S. § 13-3101: Definitions
- A.R.S. § 13-3601: Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure
Cornell Legal Information Institute
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Talk to a Maricopa County criminal defense lawyer
If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
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