Robert A. Dodell – Tresspass Defense Attorney in Tempe

Trespassing is a crime where an individual enters onto another individual’s property without having permission to do so. The crime also covers the situation where an individual remains on the property after they have been asked to leave. The crime can be a misdemeanor or a felony, but it depends on the type of property trespassed upon.

There are three different categories of trespassing and the first is criminal trespass in the 1st degree. This involves several different offenses.

  • Residential Structure or Yard – If an individual knowingly enters or remains in or on a residential structure or yard, the crime is a class 6 felony. The maximum sentence is up to 2 years in prison and a fine of $150,000. Probation can be up to 3 years.
  • Property of Another and Religious Symbol – If an individual knowingly enters or remains on someone’s property and vandalizes a religious item or symbol, the crime is a class 6 felony.The maximum sentence is up to 2 years in prison and a fine of $150,000. Probation can be up to 3 years.
  • Fenced Residential Yard – If an individual knowingly enters or remains in a fenced residential yard, the crime is a class 1 misdemeanor. The maximum sentence is up to 6 months in jail and a fine of $2,500. Probation can be up to 3 years.
  • Residential Yard – If a individual knowingly enters in a residential yard, without permission, and looking into the house with a reckless disregard for the inhabitants’ right to privacy, the crime is a class 1 misdemeanor. The maximum sentence is up to 6 months in jail and a fine of $2,500. Probation can be up to 3 years.

The next category of trespassing is a criminal trespass in the 2nd degree. This is when an individual knowingly enters or remains in a non-residential structure unlawfully. It is also includes an individual remains in any fenced commercial yard. This crime is a class 2 misdemeanor. The maximum sentence is up to 4 months in jail and a fine of $750. Probation can be up to 2 years.

The last category of trespassing is a criminal trespass in the 3rd degree. This is when an individual knowingly enters or remains unlawfully on real property after getting a reasonable request to vacate by law enforcement, owner, or someone with lawful authority over the property. This includes any notice that prohibits entry, like a “No Trespassing” sign. This crime is a class 3 misdemeanor. The maximum sentence is up to 1 months in jail and a fine of $500. Probation can be up to 1 year.

There are times when trespassing is considered a domestic violence offense. This happens if a person you have a domestic relationship with asks you to leave but you remain. If you do not leave you can be guilty of criminal trespassing in the first degree. These class-six felonies are treated differently than others. They can come with more severe penalties.

In the state of Arizona domestic relationships are construed as being with spouses, ex-spouses, couples who are dating, roommates, couples with children or a pregnancy in common, and parents and children. Siblings and grandparents and grandchildren are also included.

If the victim and defendant were in a domestic relationship, the crime is then considered to be one of domestic violence. Every case like this is treated differently and the consequences are more severe. Domestic violence in Arizona will often involve the types of domestic relationships listed below:

  • Spouses
  • Ex-Spouses
  • Couples who are dating
  • Roommates
  • Couples with a pregnancy or child in common
  • Parents and children
  • Siblings
  • Grandparents and grandchildren

 

You can find more information on the subject of domestic violence offenses.

On top of possibly being incarcerated, fines and probation, a conviction of domestic violence will also include the requirement of counseling. This counseling is mandated by law and could last at least several months. Restricted communication with the victim may also be ordered by the court. You can also be affected by a domestic violence conviction in family court. Visitations with a child could be restricted or custody rights could be lost. Additionally, you lose the right of possessing a firearm. Because of the nature of the offense, valuable job opportunities can be lost with a conviction for domestic violence.

If you find yourself being accused of a trespass crime, get in touch now with Robert A. Dodell, Attorney at Law. Your rights, freedom and future are in jeopardy. It is crucial that you speak with an aggressive and skilled trespass attorney. To protect you from such crimes, Robert will help you with the defense that is needed. When protecting your rights, the services that Robert A. Dodell provides are tailor made. You can directly contact Robert A. Dodell, Attorney at Law; this can be done via email or by calling 480-860-4321. Call now and receive a free initial consultation.