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A person may commit criminal trespass multiple ways in Arizona. In general, this occurs when a person:
Knowingly enters or remains unlawfully on any property
After a reasonable request to leave by the owner or a person with lawful control over the property.
Specifically, Criminal Trespass may be charged in the First, Second, or Third Degree. And it ranges from a Class 6 Felony to a Class 3 Misdemeanor, depending on the type of conduct alleged. And this offense is based on varying types of conduct.
The consequences for criminal trespass vary depending on the degree of the offense:
- Criminal Trespass in the Third Degree (A.R.S. 13-1502) is a Class 3 Misdemeanor. The penalties may include up to 30 days in jail, a fine of up to $500, and possible probation.
- Criminal Trespass in the Second Degree (A.R.S. 13-1503) is a Class 2 Misdemeanor. The penalties may include up to four months in jail, a fine of up to $750, and possible probation.
- Criminal Trespass in the First Degree (A.R.S. 13-1504) is a Class 1 Misdemeanor, but it can be charged as a Class 6 Felony under certain circumstances. The penalties for a Class 1 Misdemeanor may include up to six months in jail, a fine of up to $2,500, and possible probation. If it is charged as a Class 6 Felony, the penalties may include up to two years in prison, a fine of up to $150,000, and possible probation.
Criminal trespass can also be charged as a domestic violence offense in Arizona. Under A.R.S. 13-3601(A), criminal trespass (A.R.S. 13-1504) is included as an offense that may be charged as domestic violence if the alleged victim is a “family or household member” as defined by law. If convicted of criminal trespass as a domestic violence offense, the defendant may face additional penalties and consequences, such as mandatory counseling and the loss of certain rights.
It’s important to note that the penalties for criminal trespass may vary depending on the specific circumstances of the offense and the defendant’s prior criminal record. If you are facing criminal trespass charges in Arizona, it’s best to consult with a criminal defense attorney to understand the potential consequences and develop a strong defense strategy.