Scottsdale Criminal Trespass Lawyer
Criminal trespass charges in Scottsdale arise from a wide range of situations—from being asked to leave a bar in Old Town and failing to comply, to entering gated communities without authorization, to remaining at a former partner’s home after being told to leave. Arizona law divides criminal trespass into three degrees, ranging from misdemeanors to felonies, depending on the type of property involved and the circumstances.
Attorney Josh Lopez defends Scottsdale residents facing trespass charges, helping clients understand the allegations, develop effective defenses, and work toward the best possible outcome.
Degrees of Criminal Trespass in Arizona
Arizona law establishes three degrees of criminal trespass, each covering different types of property and circumstances.
Third Degree Criminal Trespass (ARS § 13-1502)
A person commits third degree criminal trespass by:
- Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner, law enforcement, or their agent
- Knowingly entering or remaining unlawfully on the right-of-way for railroad tracks, switching yards, or rolling stock
Classification: Class 3 Misdemeanor
Maximum Penalty: 30 days jail, $500 fine
This is the least serious trespass offense, typically arising when someone is asked to leave a business or property and fails to do so promptly.
Second Degree Criminal Trespass (ARS § 13-1503)
A person commits second degree criminal trespass by knowingly entering or remaining unlawfully in or on any:
- Nonresidential structure (businesses, commercial buildings, storage facilities)
- Fenced commercial yard (enclosed business property)
Classification: Class 2 Misdemeanor
Maximum Penalty: 4 months jail, $750 fine
Second degree applies specifically to commercial/nonresidential structures and fenced commercial areas.
First Degree Criminal Trespass (ARS § 13-1504)
A person commits first degree criminal trespass by knowingly entering or remaining unlawfully in or on any:
- Residential structure (homes, apartments, occupied buildings)
- Fenced residential yard (enclosed yards of homes)
- Real property while burning, defacing, or damaging religious property
Classification:
- Class 6 Felony (residential structure)
- Class 1 Misdemeanor (fenced residential yard)
Maximum Penalty:
- Class 6 Felony: Up to 1.5 years prison
- Class 1 Misdemeanor: 6 months jail, $2,500 fine
First degree trespass is the most serious because it involves entering someone’s home or the immediately surrounding residential area.
Common Trespass Scenarios in Scottsdale
Being Asked to Leave Bars or Restaurants
In Scottsdale’s entertainment district, trespass charges frequently arise when patrons are asked to leave a business and fail to comply:
- Intoxicated patron asked to leave but argues or delays
- Person banned from establishment returns
- Security asks patron to leave, patron refuses
- Argument escalates, police called, trespass charges filed
Even a brief delay in leaving after being asked can support trespass charges if the request was clear and the person remained.
Criminal Trespass Warnings (CTWs)
Many Scottsdale businesses issue Criminal Trespass Warnings (CTWs)—formal notices prohibiting a person from returning to the property. CTWs are common for:
- Shoplifting suspects (even if not arrested)
- Patrons involved in disturbances
- Former employees
- Individuals who violated store policies
Once you receive a CTW, returning to that property is criminal trespass—even if you enter during normal business hours. CTWs are typically valid for one year.
Fashion Square, Kierland Commons, and other Scottsdale retail — Loss prevention teams regularly issue CTWs and report violations to police.
Gated Community and HOA Property
Scottsdale has numerous gated communities and HOA-controlled areas. Trespass charges may arise from:
- Entering gated communities without authorization
- Using amenities (pools, gyms) without being a resident or guest
- Entering common areas after hours
- Failing to leave when asked by security or residents
Landlord-Tenant Disputes
Trespass issues arise in rental situations when:
- Former tenant returns after lease termination
- Tenant refuses to vacate after eviction order
- Unauthorized occupants remain after being told to leave
- Disputes about access to common areas
Domestic Relationship Situations
Trespass commonly intersects with domestic situations:
- Returning to a shared residence after relationship ends and other party asks you to leave
- Entering a former partner’s new residence
- Remaining at family member’s home after being told to leave
When a domestic relationship exists, trespass charges may carry a domestic violence designation, triggering additional consequences.
Trespass vs. Burglary
Trespass and burglary are distinct offenses, though both involve entering property without authorization.
Key Distinction: Intent
| Offense | Intent Element |
| Trespass | Enter or remain unlawfully on property |
| Burglary | Enter or remain unlawfully with intent to commit theft or any felony |
Burglary requires the prosecution to prove you entered with intent to commit a crime inside. Trespass requires only that you entered or remained without authorization.
Why This Matters
Burglary is always a felony (Class 4, 3, or 2 depending on circumstances). Trespass ranges from Class 3 Misdemeanor to Class 6 Felony. The defense may argue that the prosecution cannot prove burglary intent, potentially reducing charges to trespass.
Trespass with Domestic Violence Designation
When trespass occurs between people with a domestic relationship (under ARS § 13-3601), the charge carries a domestic violence designation. This triggers:
- Mandatory arrest if probable cause exists
- No-contact release conditions
- Enhanced penalties for repeat DV offenses
- Federal firearm prohibition for convictions
- Impact on child custody
Domestic relationships include spouses, former spouses, cohabitants, romantic partners, and family members.
Example: You return to a home shared with a former romantic partner after being asked to leave. The trespass charge carries a DV designation because of the domestic relationship.
Trespass and Protective Orders
Trespass charges may accompany or result from protective order violations:
Order of Protection Violations
If an Order of Protection prohibits you from a location (the petitioner’s home, workplace) and you enter that location, you may face:
- Criminal trespass charges
- Order of Protection violation charges (ARS § 13-2810)
- Both charges simultaneously
Release Condition Violations
If criminal court release conditions prohibit you from a location and you enter, you may face:
- Trespass charges
- Bail revocation
- Additional charges for violating release conditions
Defense Strategies for Trespass Charges
Lack of Notice
Trespass requires that entry be “unlawful”—meaning without authorization. Defense may argue:
- No signs posted indicating no trespassing
- No verbal request to leave was made
- Any request was unclear or unreasonable
- You had a good faith belief you had permission
Permission or Right to Be Present
If you had permission to enter—from the owner, a resident, or someone with authority—the entry was not unlawful:
- Invited by a resident or employee
- Had standing permission that was not revoked
- Entered during normal business hours in a place open to the public
- Believed permission existed based on prior conduct
Ownership or Possessory Interest
If you have a legal right to be on the property, trespass does not apply:
- You are a tenant with a valid lease
- You are an owner or co-owner
- You have an easement or legal right of access
- Your name is on the deed or lease
Disputes about ownership or tenancy are civil matters—criminal trespass charges may be inappropriate.
Constitutional Challenges to CTWs
Criminal Trespass Warnings issued by businesses raise potential issues:
- Overly broad CTWs (banning from all properties of a chain)
- CTWs issued without basis
- Selective or discriminatory enforcement
- First Amendment concerns in limited circumstances
Insufficient Evidence
The prosecution must prove you knowingly entered or remained unlawfully. Defense may focus on:
- You did not know you were prohibited
- You left promptly when asked
- Identification evidence is weak
- No witnesses or video confirm your presence
The Trespass Case Process in Scottsdale
Citation or Arrest
For most trespass offenses, you will receive a citation with a court date rather than being arrested. However, arrest may occur if:
- Trespass accompanies other charges (DV, theft)
- You have outstanding warrants
- You refuse to leave after police arrive
- The trespass involves a residence (first degree)
Scottsdale City Court
Misdemeanor trespass charges are handled in Scottsdale City Court:
Location: 3700 N. 75th Street, Scottsdale, AZ 85251
Superior Court
Felony first degree trespass (residential structure) is handled in Maricopa County Superior Court.
Frequently Asked Questions
Is criminal trespass a felony in Arizona?
Most trespass offenses are misdemeanors. However, first degree criminal trespass involving a residential structure (entering someone’s home) is a Class 6 Felony, carrying up to 1.5 years in prison.
What is a Criminal Trespass Warning (CTW)?
A CTW is a formal notice from a property owner or business prohibiting you from entering the property, typically for one year. If you return to the property after receiving a CTW, you can be arrested for criminal trespass. CTWs are common for shoplifting suspects, bar patrons involved in disturbances, and former employees.
Can I be charged with trespass if I was an invited guest?
If you entered as an invited guest, the initial entry was lawful. However, if you were later asked to leave and refused, remaining on the property after that request becomes unlawful. The question is whether you remained after being asked to leave.
What is the difference between trespass and burglary?
Trespass is entering or remaining on property without authorization. Burglary is entering or remaining on property with intent to commit theft or another felony inside. Burglary is always a felony; trespass is usually a misdemeanor.
Can trespass be a domestic violence offense?
Yes. If the trespass occurs between people with a domestic relationship (spouses, romantic partners, family, cohabitants), the charge carries a domestic violence designation with additional consequences including potential firearm prohibition and custody implications.
How long does a CTW last?
Criminal Trespass Warnings are typically valid for one year from the date issued. After that period, you may legally enter the property unless a new CTW is issued. Some CTWs may specify different durations.
Contact a Scottsdale Criminal Trespass Attorney
Trespass charges—even misdemeanors—create criminal records that can affect employment, housing, and future legal matters. When trespass involves domestic relationships, residential property, or accompanies other charges, the stakes are higher.
Attorney Josh Lopez defends Scottsdale residents facing trespass allegations, working to challenge the evidence, negotiate favorable resolutions, and protect your record.
Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251
Call (480) 386-1824 or complete the contact form to schedule your free consultation.