Arizona Trespassing Laws

Trespassing laws in Arizona are governed by Arizona Revised Statutes (ARS) § 13-1501 through § 13-1505, which outline what constitutes trespassing, the various degrees of severity, potential penalties, and defenses. 

At the Law Office of Hernandez & Hamilton, PC, our criminal attorneys are here to help you understand your criminal trespassing charges. We can provide you with the strongest legal representation and fight to get the charges dismissed or reduced as much as possible.

What Is Considered Trespassing in Arizona?

Under Arizona Revised Statutes (ARS) § 13-1501, trespassing occurs when an individual unlawfully enters or remains on someone else’s property without the consent of the property owner or legal justification. This includes a variety of scenarios, from private homes and commercial properties to vacant lots and public lands.

Trespassing laws in Arizona are designed to protect property rights and ensure individuals do not enter or stay on properties where they aren’t authorized. Legal definitions under ARS § 13-1501 include:

Entry

Entry refers to the intrusion of any part of the body or an instrument that the individual controls onto the property of another. The definition of entry is broad, meaning that it includes not just physically walking onto someone’s property but also anything that constitutes an invasion of the property, including using a tool, vehicle, or other devices. 

For instance, a person who enters a property by climbing over a fence or using a drone to fly over it could potentially be charged with trespassing under this definition.

Structure

A structure is defined as any place with walls and a roof, essentially buildings or shelters. This could be a private home, a commercial business, an outbuilding, or any permanent or temporary structure where people live, work, or store items. 

Trespassing in or on a structure is generally treated more severely, as these spaces are places where people have a reasonable expectation of privacy and security. The more enclosed and private the space, the more serious the trespassing offense typically is.

Fenced Yard

These terms describe properties that are clearly marked with fences, barriers, or signs to prevent unauthorized entry. Fenced areas—whether in a commercial or residential property—are typically seen as off-limits, and entering such an area without permission is a clear violation of the law.

A commercial yard may be an area where businesses store goods, conduct operations, or maintain inventory, while a residential yard refers to a home’s private yard or garden. The key factor here is that the property is enclosed, and the fencing or other barriers serve as a clear indication that entry is not allowed without permission.

Factors That Influence Trespassing Charges

Arizona law distinguishes between different types of trespassing based on several factors that can influence both the severity of the offense and the penalties that may be imposed. The key factors that influence the severity of charges when a person commits criminal trespass include:

Type of Property

The type of property involved plays a significant role in determining the seriousness of the trespassing offense. For instance, entering a private residence or an enclosed yard without permission generally carries more severe legal consequences than trespassing on an open, undeveloped piece of land or a public space.

Notice of Restricted Entry

Arizona law provides that certain properties must have visible signs, fences, or other barriers to indicate that entry is restricted. If property owners have not clearly marked their land with such physical boundaries or a reasonable notice prohibiting entry, it can be a defense against trespassing charges. 

However, even in the absence of such markers, a person could still be found guilty of trespassing if the property owner with lawful control verbally informed them that they were not allowed to be there.

Intent

The intent of the individual entering the property can also impact the criminal trespass charges. For example, if someone enters a property intending to commit a crime—such as theft or vandalism—they may face more serious charges. If the individual’s intent is simply to wander or seek shelter without malicious intent, the charge could be classified as a lesser offense.

Duration of Stay

In some cases, trespassing laws aren’t just concerned with initial entry onto the property but also with how long the individual remains there. Staying on someone’s property without permission, even after a reasonable request to leave is made, can result in charges for continuing trespassing. 

The act of remaining unlawfully on someone else’s property is a key component in determining whether a trespassing charge will be filed and what degree of offense it will be.

Degrees of Trespassing and Their Penalties

First-Degree Trespassing (ARS § 13-1504)

First-degree criminal trespass is the most serious form of trespassing in Arizona and is typically charged as a class 6 felony or a class 1 misdemeanor, depending on the circumstances.

An individual commits first-degree trespassing if they:

• Enter or remain unlawfully in or on a residential structure (class 6 felony)
• Enter or remain unlawfully in a fenced residential yard (class 1 misdemeanor)
• Enter a property with the intent to commit another crime, such as vandalism or theft (class 6 felony)
• Tamper with or occupy a critical public services facility, such as utility plants, water facilities, or railroad company facility (class 6 felony)

Penalties:

• Class 6 felony: Up to 1.5 years in prison and fines up to $150,000
• Class 1 misdemeanor: Up to six months in jail and fines up to $2,500

Second-Degree Trespassing (ARS § 13-1503)

Second-degree criminal trespass involves unlawfully entering or remaining in or on non-residential structures or fenced commercial yards.

Classification:

• Charged as a class 2 misdemeanor

Penalties:

• Up to four months in jail and a maximum fine of $750

Third-Degree Trespassing (ARS § 13-1502)

Third-degree criminal trespass is the least severe and applies when an individual unlawfully enters or remains on unfenced, open land or property clearly marked with “no trespassing” signs.

Classification:

• Charged as a class 3 misdemeanor

Penalties:

• Up to 30 days in jail and a maximum fine of $500

Additional Considerations

Aggravating Factors

Some factors can elevate trespassing charges, such as:

• Carrying a weapon during the trespass
• Causing property damage or committing other crimes while trespassing

Trespassing on Public Land

Arizona has unique provisions for trespassing on public lands, especially in cases involving environmental protections, mining sites, or state parks. Individuals found on restricted public land may face additional charges under separate statutes.

Defenses to Fight Your Trespassing Charges

If you have been charged with a trespassing criminal offense, our skilled Arizona criminal defense lawyers at the Law Office of Hernandez & Hamilton, PC will carefully evaluate your case and utilize the following common defenses to help you achieve the best possible outcome:

Lack of Intent (No Knowledge of Trespassing)

Under Arizona law, a trespassing charge requires that the person knowingly enter or remain on someone else’s real property without permission. One of the most effective defenses is to challenge the intent or knowledge element of the charge. If you didn’t know you were on private property or you were trespassing, you may be able to argue that you lacked the intent required for a conviction. 

For example, if you were unaware that you had crossed into restricted or private land, your defense attorney may be able to argue that you did not have the requisite knowledge of trespassing to support the charges.

No Notice of Restricted Entry

Under Arizona law, property owners must clearly indicate that such property is off-limits to others. This may include posting visible signs or erecting physical barriers, such as fences, to prevent trespassing. 

If there were no signs, fences, or any clear indication that the property was restricted, it may be difficult for the prosecution to prove that you knowingly trespassed. Our defense attorneys can argue that you were not aware that the property was private and, therefore, should not be held criminally liable for trespassing.

Permission or Invitation to Be on the Property

Another potential defense to trespassing charges is that you had permission or were invited to be on the property. If the property owner allows you to enter or remain on their land, there is no trespassing offense. 

In some cases, the law enforcement officer and the prosecution may not have sufficient evidence to dispute your claim of permission, especially if the property owner was present or implied permission. If we can establish that you had lawful access to the property, the charges may be dismissed.

Claim of Necessity (Emergency or Urgency)

In some situations, trespassing can be justified under the legal doctrine of necessity. If you entered someone else’s property due to an emergency—such as seeking shelter from dangerous weather, escaping immediate harm, or assisting someone in danger—a defense lawyer may argue that your actions were necessary to prevent greater harm.

Arizona law recognizes that in certain emergency circumstances, trespassing charges may be mitigated or dismissed entirely.

No “Entry” Occurred

The definition of “entry” under ARS § 13-1501 involves the intrusion of any part of the body or an instrument under the person’s control onto someone else’s property. 

If the alleged trespasser did not actually step onto the property or if the entry was brief or minimal, our attorneys may argue that the act did not meet the legal definition of “entry.” For example, if you merely stood on the boundary line or briefly touched the property but did not truly enter, there may be no trespass.

Wrongful Identification

In some cases, individuals are wrongfully accused of trespassing due to mistaken identity or a misunderstanding of the situation. If there’s any doubt about whether you were the person on the property or whether the property in question is the one you were alleged to have entered, the attorneys at our law firm can challenge the accuracy of the identification.

Misidentification, such as when another individual committed the trespass or if you were mistaken for someone else, could be a valid defense.

Property Is Not Clearly Marked or Enclosed

Arizona law stipulates that properties marked with fences, signs, or other barriers are considered restricted, and entry into those properties without permission is trespassing. 

If the property was not clearly marked or enclosed to indicate that it was private, our attorneys may argue that it was not reasonable for you to know that entry was prohibited. This defense focuses on the lack of clear notice to the defendant that they were entering private property.

Get Our Seasoned Arizona Criminal Defense Attorneys on Your Side

Our dedicated Arizona criminal defense lawyers at the Law Office of Hernandez & Hamilton, PC have the skills and resources to defend you against trespassing allegations in Arizona. 

Extensive Experience and National Reach 

Serving clients across Arizona and in 20 states nationwide, we have successfully represented individuals in local, state, and federal courts. Whether your case involves a minor trespassing charge or something more serious, we know how to navigate the legal system to secure the best possible outcome.

Proven Track Record of Success

Our firm’s legal professionals have consistently been recognized for their excellence in criminal defense. With accolades such as:

• Martindale-Hubbell’s AV Preeminent Lawyers (Peer Rated for Highest Level of Professional Excellence)
• Super Lawyers®
• Top 100 Trial Lawyers by the National Trial Lawyers
• Best Lawyers®

National Media Recognition

Many of our cases have attracted attention from national news outlets such as CNN, Fox News, ABC, NBC, Univision, and The New York Times. This widespread media coverage highlights our ability to handle high-profile cases and deliver results.

Your Fight Is Our Fight 

We know the stakes are high. Your freedom, reputation, and future are on the line, and we won’t rest until we have explored every legal avenue to defend you. You can trust us to stand by your side every step of the way, fighting hard to achieve the best possible result.Let the Law Office of Hernandez & Hamilton, PC be your trusted ally in defending against the charges you face. To schedule your free consultation, call us at 520-882-8823 or contact us online.

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