Criminal Trespass

Private property is an important aspect of life in America. Many people place a great deal of emphasis on our ideology that private property is an essential aspect of our nation's success. This has made the issue of criminal trespassing an important one within our legal code.

A criminal trespass offense can arise from many different scenarios, even including extenuating circumstances, false or fabricated accusations. With this being the case, it is important to have a qualified criminal defense attorney at your side representing you in court. A capable attorney can help you refute the allegations and increase the likelihood of a reduction in charges or complete dismissal.

Considering the potential for harsh sentencing, a criminal trespass charge should not be taken lightly, regardless of the circumstances of the allegation. An experienced and knowledgeable criminal defense attorney providing legal counsel will aid in your ability to defend your name and move on with your life.

James E. Novak takes a measured, yet aggressive approach to legal representation, taking the smallest details into account in building a solid defense. His dedication to excellent client service, along with a continued effort to stay ahead of the pack with regards to staying informed on current legal issues, can be an asset during this critical time.

To schedule a free and confidential consultation to go over the details of your case with The Law Office of James E. Novak, call (480) 413-1499 or send an online message today. James proudly represents individuals throughout Tempe, Gilbert, Scottsdale, Chandler, Phoenix, and nearby areas.

According to Chapter 15 of the Arizona Revised Statutes, there are three classes of criminal trespass offenses: first, second and third.

Criminal Trespass in the Third Degree - A person commits third degree criminal trespassing by:

• Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.
• Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.

This offense will be charged as a class 3 misdemeanor. If convicted, the presumptive sentence is up to 30 days in jail and / or up to $500 in fines and surcharges.

Criminal Trespass in the Second Degree - A person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard. This offense will be charged as a class 2 misdemeanor. If convicted or a class 2 misdemeanor, you will be looking at a presumptive sentence of up to 4 months in jail and / or up to $750 in fines and surcharges

Criminal Trespass in the First Degree – The most severe offense under the umbrella of criminal trespassing, a person commits first-degree criminal trespass by knowingly:

• Entering or remaining unlawfully in or on a residential structure.
• Entering or remaining unlawfully in a fenced residential yard.
• Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy.
• Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.
• Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property.
• Entering or remaining unlawfully in or on a critical public service facility.

For trespassing offenses that involve a residential structure, defacing religious property and entering a critical public service facility, you will be charged with a class 6 felony. This charge, if convicted, will come with a presumptive sentence of up to 1.5 years in jail and / or fines of up to $150,000.

For offenses that involve fenced residential yards, looking into residential structures or unlawfully entering property with a valid mineral claim, you will be charged with a class 1 misdemeanor. This charge, if convicted will come with a presumptive sentence of up to six months in jail and / or fines of up to $2,500.

If you or a loved one has been arrested for a criminal trespass offense in Arizona, working with a qualified criminal defense attorney will give you the opportunity to effectively argue your case while increasing your chances of receiving a favorable verdict.

James Novak has worked as both a prosecutor and defense attorney in Maricopa County, giving him a deep understanding of both sides of the criminal justice system. His passion for individual rights and a commitment to the clients he serves will ensure that you are well taken care of during this difficult time.

To schedule a free and confidential consultation to go over the details of your case with the legal team at The Law Offices of James E. Novak, call (480) 413-1499 or send an online message today. In addition to representing the Mesa community, he also works with individuals throughout Tempe, Chandler, Gilbert, Scottsdale and Phoenix.