First-Degree Trespassing

Trespassing is a serious offense that entails unlawfully entering or remaining on another person's property without their consent. Trespassing charges can vary in severity depending on the circumstances surrounding the act, with first-degree trespassing being one of the most severe offenses in this category.

This article aims to provide a comprehensive understanding of first-degree trespassing, particularly within the context of the legal system in Phoenix, Arizona. We at Phoenix Criminal Attorney are dedicated to helping our clients build robust defense strategies to fight their criminal charges. Contact us today for professional legal representation.

The Legal Definition of First-Degree Trespassing

The legal definition of first-degree trespassing can be found in the Arizona Revised Statutes (A.R.S.) under Title 13, Chapter 15, Section 1504. You can be charged with first-degree trespassing if you knowingly enter the property of another person or remain there without their permission.

First-degree trespassing can be charged as a class 5 or class 6 felony or a class 1 misdemeanor. Note that as per Arizona criminal laws, the criminal offense of trespassing is categorized into three distinct degrees, depending on the severity.

These degrees include:

• First-degree trespassing (the most severe) under ARS 13-1504.
• Second-degree trespassing under ARS 13-1503.
• Third-degree trespassing (the least severe) under ARS 13-1502.

What the Prosecutor Must Prove for you to be Convicted

To be convicted of any criminal offense, there are certain elements that the prosecutor must prove. The prosecutor must prove each of these elements to the standard of beyond a reasonable doubt.

Here, the term ‘beyond a reasonable doubt’ refers to a level of certainty that leaves no reasonable or logical doubt in the minds of the jurors or the judge about the defendant's guilt. Below, we list these elements:

• Unlawful entry or remaining.
• Residential property.
• Aggravating factors.

You may be acquitted if the prosecutor fails to prove any of these elements to the standard of beyond a reasonable doubt. Below, we discuss each of these elements briefly:

Unlawful Entry or Remaining

The first element of first-degree trespassing is unlawful entry or remaining on another person's property. For the prosecution to secure a conviction, they must prove that you knowingly entered or unlawfully remained on the property without the legal right or permission to do so.

To establish this element, the prosecution must demonstrate that you were aware of your actions and intentionally chose to enter or stay on the property. They need to show that you were fully conscious of your presence on the property and deliberately decided to engage in trespassing.

Additionally, the prosecution must establish that you lacked any legal right or permission to be on the property. This requires proving that you did not have explicit consent from the property owner, the owner's agent, or any other authorized individual who could grant permission to enter or remain on the property.

You can present various defenses to refute the lack of legal right or permission. For example, you may argue that you had implied or express consent to be on the property, such as a social invitation or a lease agreement. Alternatively, you may assert that you had a lawful justification for your presence, such as an emergency or a legal duty.

Intent is a crucial aspect in establishing unlawful entry or remaining. The prosecution must demonstrate that you had the necessary mental state to commit the offense. They need to prove that you intentionally and purposefully entered or remained on the property without authorization, disregarding any prohibitions or warnings.

It is important to consider that the case's specific circumstances can influence the interpretation and application of this element. Factors such as signage indicating restricted access, verbal warnings from the property owner, or physical barriers can all play a role in determining the lawfulness of the entry or remaining. To mount a defense against this element, your attorney may challenge the prosecution's evidence, question the sufficiency of proof regarding your knowledge and intent, or present affirmative defenses to demonstrate a lawful basis for your presence on the property.

Residential Property

The prosecutor must prove that the property involved is residential. This includes houses, apartments, or any other type of dwelling where people live. But, the prosecutor does not need to prove that the property was occupied at the time of trespassing.

It is the nature of the property being residential that distinguishes the offense as first-degree trespassing. Designating the property as residential recognizes the heightened intrusion on personal privacy, security, and the sanctity of one's home.

It acknowledges the potential harm and disruption that can result from trespassing in a dwelling where individuals reside or have a reasonable expectation of privacy. Differentiating first-degree trespassing by incorporating the element of residential property sets it apart from lesser trespassing offenses.

This elevated classification acknowledges the increased severity and potential impact of trespassing on someone's residence. This is why first-degree trespassing has more severe penalties than second-degree and third-degree trespassing.

If the prosecutor does not prove this element, the charge may be reduced to a lower degree of trespassing, or you may be acquitted. In defense against this element, your attorney may question the prosecution's evidence regarding the classification of the property as residential. Your attorney may scrutinize whether the property meets the legal definition of a residential structure or challenge the sufficiency of the evidence supporting its residential status at the time of the alleged trespassing.

Aggravating Factors

The prosecutor must establish one or more aggravating factors associated with the trespassing incident, which elevate the offense to first-degree trespassing. These factors include:

• Trespassing in a fenced or enclosed yard — The prosecutor must show that the trespassing took place in a fenced residential yard that was clearly designed to prevent unauthorized intrusions.
• Refusal to leave — The prosecutor must prove that you knowingly remained on the property despite being asked to leave by the owner, the owner's agent, or someone with lawful control over the premises.
• Spying or looking into the residential dwelling — The prosecutor must prove that you spied or looked into the residential dwelling with an intent to intrude on the owner’s privacy.
• Mutilating, defacing, burning, or desecrating a religious symbol — Mutilating, defacing, burning, or desecrating a religious symbol aggravates the offense of trespassing to first-degree trespassing.
• Trespassing a public service facility — Trespassing a public service facility is an aggravating factor, especially if your actions prevented other individuals from accessing the facility.
• Property having a mineral claim — Trespassing property with a mineral claim intending to explore, take, use, or hold the minerals is an aggravating factor that elevates the offense of trespass to first-degree trespassing.

The prosecutor must prove one or more of these aggravating factors. If they fail to do so, your charge may be reduced to either second-degree or third-degree trespassing.

The Penalties for First-Degree Trespassing

The criminal offense of first-degree trespassing attracts the following penalties:

• As a class 5 felony, a state prison sentence of up to four years.
• As a class 6 felony, a state prison sentence of a maximum of one year and six months.
• As a class 1 misdemeanor, a county jail sentence of up to six months.

The prosecutor has the discretion to choose which class to charge you with. Also, note that these penalties may vary depending on the specific circumstances of your case. In some cases, the judge may order probation in lieu of imprisonment.

Legal Defenses to First-Degree Trespassing

The following are examples of legal defenses to first-degree trespassing:

• Lack of intent.
• Consent.
• Necessity.

Note that the viability and effectiveness of these defenses can vary depending on each case's specific facts and circumstances. Here is a brief discussion of each of these defenses:

Lack of Intent

This defense strategy aims to argue that the defendant did not have the intention to enter or remain on the property in question unlawfully. To establish this defense, the defendant and their attorney must present evidence and arguments to demonstrate that there was no willful intent to commit trespassing.

Some potential points to consider include the following:

• The mistaken belief of permission — The defendant may assert that they genuinely believed they had permission to be on the property. This could be based on a misunderstanding, a miscommunication, or a reasonable belief that they had the owner's consent. The defense can present evidence such as witness testimonies, communications, or any other documentation supporting the defendant's belief.
• Lack of awareness — The defense may argue that the defendant was unaware that their actions amounted to trespassing. They could claim they were not adequately informed about the property boundaries or the absence of permission. For example, the defense may contend that the property lacked proper signage indicating restricted access.
• Accidental entry or innocent presence — The defense may assert that the defendant's presence on the property was accidental or innocent. They may argue that the defendant entered the property unintentionally or had a valid reason to be in the vicinity without realizing they were trespassing.

To support this defense, the defendant's attorney may present evidence such as witness statements, photographs, videos, or any other relevant documentation corroborating the lack of intent to trespass. They may also challenge the prosecution's evidence regarding the defendant's state of mind or intent.

Note that the success of this defense will depend on the specific facts and circumstances of the case. The defense must provide a compelling argument and sufficient evidence to convince the court that the defendant lacked the intent to trespass.

A skilled criminal defense attorney will carefully examine the evidence, consult with witnesses if applicable, and craft a defense strategy tailored to the defendant's specific situation. They will work to undermine the prosecution's case by establishing that the defendant did not have the intent necessary for a trespassing conviction.

Consent

This defense strategy aims to argue that the defendant had obtained explicit or implied consent from the property owner or someone with lawful authority to be on the property. To establish the defense of consent, the defendant and their attorney must present evidence and arguments to demonstrate that they had the legal right or permission to be on the property.

Here are some key points to consider:

• Express consent — The defense may present evidence, such as written permission or recorded conversations, to show that the property owner explicitly granted consent for the defendant to enter or remain on the property. This could include permission granted for a specific purpose, timeframe, or under certain conditions.
• Implied consent — Implied consent may be argued if evidence suggests that the defendant reasonably believed they had permission to be on the property based on the circumstances or their relationship with the property owner. This could include situations where the defendant had frequent access to the property in the past without objection or where they had a legitimate reason to believe they had consent.
• Authority of agent — If the defendant obtained consent from someone with lawful authority to grant access to the property, such as a property manager or the owner’s authorized representative, it could serve as a defense. The defense may present evidence, such as communication records or witness testimony, to establish that the consent was given by an individual with the authority to grant access.

To support this defense, the defendant's attorney may present witnesses, documentation, or any other evidence that substantiates the claim of consent. They may challenge the prosecution's evidence regarding the lack of consent or dispute the credibility of any conflicting testimonies.

Note that the defense of consent requires showing that the defendant genuinely believed they had the legal right to be on the property. If the property owner or authorized person later revokes the consent or the defendant exceeds the scope of the granted permission, the defense of consent may not be applicable.

A skilled criminal defense attorney will carefully evaluate the evidence and build a defense strategy to establish that the defendant had obtained consent to be on the property. They will work to challenge the prosecution's argument that the defendant trespassed without permission.

Necessity

The defense of necessity is a legal strategy applicable in cases of first-degree trespassing when the defendant can demonstrate that their actions were necessary to prevent imminent harm or danger. The defense of necessity typically requires the defendant to establish the following elements:

• Imminent harm — The defendant must demonstrate that they reasonably believed there was an immediate threat of significant harm or danger to themselves or others. This harm could include physical injury, property damage, or other serious harm.
• No reasonable alternative — The defense must show that no reasonable alternatives were available to prevent harm other than trespassing onto the property. This means that the defendant must establish that they had no other practical option to protect themselves or others from imminent harm.
• Proportional response — The defendant must also demonstrate that their actions were proportionate to the perceived harm. This means that the harm caused by the trespassing should be less severe than the harm that would have resulted if they had not taken action.

The defense of necessity is generally limited and unavailable for trivial or minor harms. It is typically reserved for emergencies with an immediate threat of serious harm.

To support this defense, the defendant's attorney may present evidence such as witness testimony, expert opinions, or documentation to establish the presence of imminent harm and the absence of reasonable alternatives. Given their circumstances, they may argue that the defendant's actions were justified and necessary.

However, it's crucial to remember that the success of the defense of necessity will depend on the specific facts and circumstances of the case, as well as the discretion of the court. The defendant's attorney will need to present a compelling argument and sufficient evidence to convince the court that the defendant's trespassing was justified under the principles of necessity.

Consulting with a skilled criminal defense attorney is essential when considering the defense of necessity. They can evaluate the case's specific circumstances, determine the viability of this defense strategy, and guide the defendant through the legal process.

Find a Criminal Defense Attorney Near Me

First-degree trespassing is a criminal offense that carries significant consequences in Phoenix. Navigating the legal process can be complex, but with the assistance of a knowledgeable attorney, individuals charged with first-degree trespassing can receive effective legal representation and protect their rights.

Suppose you or your loved one is facing charges of first-degree trespassing. In that case, it is crucial to seek the advice of an experienced criminal defense attorney who can provide you with the expertise and guidance necessary to navigate the complex legal process.

At Phoenix Criminal Attorney, we are dedicated to defending the rights and interests of our clients. We possess in-depth knowledge of Phoenix's criminal justice system and will work tirelessly to protect your rights, construct a strong defense, and strive for a favorable resolution.

Our expertise and dedication can make a significant difference in building a strong defense strategy and advocating for your best interests throughout the legal proceedings. Call us today at 602-551-8092 to schedule a consultation and secure the legal support you need during this challenging time.