What Arizona Law Says About Criminal Trespass in the First Degree
In Arizona, trespassing isn’t always a minor infraction—it can be a serious felony. Criminal trespass in the first degree, defined under ARS §13-1504, involves unlawfully entering or remaining on property with intent or under specific high-risk circumstances. These charges often arise in domestic disputes, property conflicts, or late-night confrontations and carry severe penalties including jail time, probation, and a lasting criminal record.
At Rideout Law Group, we represent clients facing criminal trespass charges throughout Arizona—including Scottsdale, Lake Havasu, Phoenix, and surrounding areas. Our experienced criminal defense attorneys help clients understand their rights, challenge improper arrests, and work to reduce or dismiss trespassing charges.
How Arizona Law Defines Criminal Trespass in the First Degree
ARS §13-1504 outlines multiple scenarios that can lead to a charge of first-degree criminal trespass. The law classifies the crime by intent and location and includes both misdemeanor and felony levels depending on the circumstances.
You may be charged with criminal trespass in the first degree if you:
- Knowingly enter or remain unlawfully in or on a residential structure (Class 6 felony).
- Enter a fenced residential yard without permission (Class 1 misdemeanor).
- Look into a residential structure (such as through a window) in a manner that invades privacy (Class 1 misdemeanor).
- Enter unlawfully on real property subject to a valid mineral claim or lease, with intent to take minerals (Class 1 misdemeanor).
- Unlawfully enter or remain on certain utilities or critical infrastructure sites, including power plants or water treatment facilities (Class 5 felony).
Each charge requires that the accused acted “knowingly”—which means prosecutors must prove you were aware that your presence was unauthorized.
Is Criminal Trespass a Felony in Arizona?
It can be. While some first-degree trespassing offenses are misdemeanors, others—especially those involving a residential structure or critical infrastructure—are felonies. A Class 6 felony carries penalties of up to 2 years in prison, along with fines and a criminal record that can affect your housing, employment, and rights.
Felony trespass often arises in domestic disputes—especially after breakups or arguments—when one person returns to a home they once shared or believe they still have a right to access. Law enforcement may treat these cases aggressively, even when there was no intent to cause harm.
Legal Defenses to Criminal Trespass in Arizona
Our Arizona criminal defense attorneys use multiple strategies to defend against trespass charges, including:
- Lack of intent: If you didn’t knowingly enter unlawfully, the charge may not hold.
- Mistaken identity or ownership: You may have had a reasonable belief you had a right to enter the property.
- No notice of trespassing: If the property wasn’t properly fenced, signed, or marked, you may not have known you were trespassing.
- Constitutional violations: If police arrested you without probable cause or violated your rights during the investigation, evidence may be excluded.
What to Do If You’re Charged with Trespassing
If you’ve been arrested for criminal trespass in Arizona, don’t speak to police without a lawyer. These charges are highly fact-specific, and what you say can be used against you in court.
At Rideout Law Group, we provide aggressive and strategic representation for trespassing and property-related crimes. Our attorneys will review your case, investigate the circumstances, and build a defense tailored to your unique situation.
Local Representation You Can Trust
With offices in Scottsdale and Lake Havasu City, Rideout Law Group defends clients in Maricopa County, Mohave County, and courts across Arizona. We understand local court systems and have a track record of success in fighting criminal charges—from misdemeanors to complex felony cases.
Contact an Arizona Trespass Defense Attorney Today
If you’re facing a criminal trespass charge under ARS §13-1504, don’t face it alone. Contact Rideout Law Group for a confidential case review. Whether you’re in Scottsdale, Lake Havasu, or anywhere in between, we’re here to protect your rights and your future.
📞 Call us at (480) 584-3328 or (928) 854-8181
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