Scottsdale Trespass Defense Lawyer

Scottsdale is known for its nice neighborhoods, which is why local police take an especially aggressive approach to criminal trespassing. Criminal trespassing involves entering or remaining on another’s property without their permission. If you face criminal trespassing charges, it is essential to have an experienced Scottsdale trespass defense lawyer from the Law Office of James E. Novak by your side to ensure your interests are protected.

There are three classifications of criminal trespassing in Arizona, depending on the type of property:

Criminal Trespass in the Third Degree (A.R.S. § 13-1502): This offense involves entering or staying on any type of real property, including undeveloped land, against the owner's consent. It's classified as a Class 3 misdemeanor, which may result in a jail sentence of up to thirty days.

Criminal Trespass in the Second Degree (A.R.S. § 13-1503): This type of trespassing involves entering or remaining in any nonresidential structure or within a fenced commercial yard. Classified as a Class 2 misdemeanor, it can lead to a jail term of up to four months.

Criminal Trespass in the First Degree (A.R.S. § 13-1504): The most severe of the three, first-degree criminal trespassing involves entering or staying in a residential structure or fenced residential yard. It also covers entering an unfenced residential yard with the intent of peering into a residential structure. This offense can be classified as a Class 1 misdemeanor, potentially leading to six months in jail. However, trespassing in a critical public service facility or a residential structure will result in felony charges.

Each degree of criminal trespass in Arizona shares the common element of unlawful entry or presence on someone else's property, but they differ significantly in terms of the type of property involved and the severity of the penalties. An experienced Scottsdale trespass defense lawyer can help you understand what’s at stake in your case and what defenses may be available to you.

In Arizona, there are several defenses that may apply in a trespassing case. Of course, the applicability and success of these defenses depends on the specific circumstances of your case.

Lack of Notice: A key element of trespassing is that you must have been notified that you were not allowed on the property. If there was no clear indication or communication – such as signage, fencing, or a verbal warning – that entry was prohibited, it may be a viable defense.

Consent: If you had permission or consent to be on the property, either from the owner or someone with apparent authority to grant access, this can be a strong defense against trespassing charges. Consent can negate the unlawful entry aspect of the offense.

Mistake of Fact: This defense is applicable if you genuinely believed you had a right to be on the property. For instance, if you mistakenly believed the property belonged to a friend or if you found your way onto the property due to a misunderstanding, it could potentially be used as a defense.

Necessity or Emergency: If your entry onto another’s property was due to an emergency or out of necessity – for example, to avoid immediate harm or danger – this could be a defense. The necessity defense typically requires you to prove that trespassing was the only way to avoid a significant risk.

Given the varied trespassing crimes in Arizona, as well as their serious penalties, it is essential to consult with an experienced Scottsdale trespassing defense lawyer to identify the best defense.

If you were recently arrested for criminal trespassing in Scottsdale, the Law Office of James E. Novak is here to help. With more than 25 years of experience defending the rights of clients charged with trespassing, burglary, and other property crimes, we know what it takes to reach the result you’re looking for. We also offer free consultations to all prospective clients and make ourselves available to answer your questions whenever they come up. To learn more, and to schedule a free consultation with our Scottsdale criminal trespassing lawyer today, call 480-413-1499. You can also reach us through our secure online contact form.