Criminal trespass in Arizona covers unauthorized entry or remaining on property when you have no right to be there. Arizona recognizes three degrees of criminal trespass—from third-degree (Class 3 Misdemeanor) to first-degree (Class 6 Felony for residential structures). The severity depends primarily on the type of property involved, with homes and residential structures receiving the highest protection under the law.
Attorney Josh represents clients throughout Arizona facing criminal trespass charges.
Three Degrees of Criminal Trespass
Criminal Trespass First Degree (ARS § 13-1504)
The most serious trespass offense—entering or remaining unlawfully in a residential structure.
“Residential structure” means any structure used or designed for human habitation:
- Houses and apartments
- Mobile homes
- Hotel/motel rooms
- Portions of structures adapted for overnight accommodation
Additional First Degree Conduct:
- Entering any structure when defacing with graffiti
- Entering real property for burning, defacing, or mutilating religious symbols
Classification: Class 6 Felony (for residential structure)
Classification: Class 5 Felony (if burning religious symbols)
Criminal Trespass Second Degree (ARS § 13-1503)
Entering or remaining unlawfully in or on a nonresidential structure or fenced commercial yard.
“Nonresidential structure” includes:
- Commercial buildings
- Office buildings
- Warehouses
- Stores (after hours)
- Schools (unauthorized)
- Churches
- Government buildings
“Fenced commercial yard” means:
- Commercial or industrial yard
- Enclosed with fence or barrier
Classification: Class 2 Misdemeanor
Criminal Trespass Third Degree (ARS § 13-1502)
Entering or remaining unlawfully on real property after reasonable notice prohibiting entry.
“Real property” includes:
- Land
- Unfenced yards
- Parking lots
- Open areas
“Reasonable notice” includes:
- Personal communication from owner/agent
- Posted signs (reasonably spaced)
- Fencing or enclosure
- Other obvious indications
Classification: Class 3 Misdemeanor
Criminal Trespass Classifications and Penalties
| Degree | Property Type | Classification | Maximum Penalty |
| First | Residential structure | Class 6 Felony | 2 years prison |
| First | Burning religious symbols | Class 5 Felony | 2.5 years prison |
| Second | Nonresidential structure / Fenced commercial yard | Class 2 Misdemeanor | 4 months jail |
| Third | Real property | Class 3 Misdemeanor | 30 days jail |
Key Legal Concepts
“Enter or Remain Unlawfully”
A person enters or remains unlawfully when:
- Not licensed, invited, or privileged to enter
- Privilege to enter has been withdrawn
- Entry exceeds scope of permission
- Remaining after permission revoked
Privilege to Enter
People may have privilege to enter based on:
- Explicit invitation
- Implied invitation (open business hours)
- Legal authorization
- Emergency circumstances
Privilege can be revoked:
- Explicitly (verbal or written notice)
- By conduct (escorted out)
- By circumstances (closing time)
Notice Requirements
For third-degree trespass (real property), prosecution must prove reasonable notice:
- Signs: Reasonably spaced and visible
- Verbal: Clear communication prohibiting entry
- Fencing: Enclosure indicating no entry
- Obvious: Other clear indications
Domestic Violence Designation
When criminal trespass occurs between people with a qualifying domestic relationship, it carries a domestic violence designation under ARS § 13-3601.
DV Trespass Consequences
- Mandatory arrest upon probable cause
- No-contact orders
- Federal firearm prohibition upon conviction
- DV offender treatment
- Enhanced penalties for repeat DV offenses
Common DV Trespass Scenarios
- Returning to home after Order of Protection
- Entering ex-partner’s residence uninvited
- Remaining after asked to leave by domestic partner
- Violating no-contact conditions
→ See: Arizona Domestic Violence Laws
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Residential Trespass (First Degree)
- Entering ex’s home without permission
- Breaking into vacant houses
- Entering wrong residence while intoxicated
- Returning home after Order of Protection
- Remaining after told to leave by roommate/partner
Commercial Trespass (Second Degree)
- Remaining in store after closing
- Entering restricted business areas
- Unauthorized entry to office buildings
- School trespass by non-students
- Construction site entry
Property Trespass (Third Degree)
- Crossing posted private land
- Remaining in parking lot after notice
- Using private recreational areas
- Cutting across private property
- Refusing to leave after verbal warning
Trespass After Bar/Ban
- Returning to business after being banned
- Violating retail trespass notice
- Re-entering property after previous trespass warning
Defense Strategies
Authorization / Permission
You had permission to be present:
- Invitation from owner or authorized person
- Implied permission (open hours)
- Reasonable belief of permission
- Permission not effectively revoked
Insufficient Notice (Third Degree)
For third-degree trespass, notice must be “reasonable”:
- Signs weren’t visible or properly posted
- Verbal notice wasn’t clear
- No indication of private property
- Fencing was inadequate
Mistake of Fact
Reasonable belief you were authorized:
- Wrong address (similar appearance)
- Mistaken about property boundaries
- Believed premises were public
- Following directions that led to wrong location
Necessity / Emergency
Entry was necessary to:
- Prevent harm to self or others
- Address emergency situation
- Protect property
- Render assistance
Constitutional Violations
- Illegal stop leading to trespass charge
- Evidence obtained through unlawful search
- Improper identification procedures
Related Offenses
| Offense | Statute | Key Difference |
| Burglary | ARS § 13-1506-1508 | Entry with intent to commit crime inside |
| Criminal Damage | ARS § 13-1602 | Causing physical damage to property |
| Trespass to Agricultural Land | ARS § 13-1504(A)(3) | Specific trespass to agricultural operations |
Burglary vs. Trespass
Burglary requires intent to commit a crime inside the structure. Trespass is merely unauthorized presence. The distinction significantly affects charges:
| Offense | Classification |
| Third Degree Burglary (nonresidential) | Class 4 Felony |
| First Degree Trespass (residential) | Class 6 Felony |
| Second Degree Trespass (nonresidential) | Class 2 Misdemeanor |
Serious Charges.
Frequently Asked Questions
Is criminal trespass a felony in Arizona?
Criminal trespass in a residential structure (first degree) is a Class 6 Felony. Trespass to nonresidential structures (second degree) is a Class 2 Misdemeanor. Trespass to real property (third degree) is a Class 3 Misdemeanor.
What is the difference between trespass and burglary?
Trespass is unauthorized entry or remaining on property. Burglary is entering or remaining with intent to commit a crime inside. Burglary carries much more serious felony penalties.
Can I be charged with trespassing at a business?
Yes. Remaining in a nonresidential structure (like a store) after your privilege to be there ends—such as after closing or after being asked to leave—is second-degree criminal trespass.
What if I didn’t see any “no trespassing” signs?
For third-degree trespass (real property), reasonable notice is required. If signs weren’t reasonably visible or other notice wasn’t provided, this may be a defense.
Can trespass carry a domestic violence designation?
Yes, when it occurs between people with a qualifying domestic relationship. DV trespass triggers mandatory arrest, no-contact orders, and firearm prohibition upon conviction.
What if I had permission earlier but it was revoked?
Once permission is revoked, remaining becomes unlawful entry. Clear revocation is required—the prosecution must prove you knew or should have known permission ended.
Can I be arrested for trespassing on my own property?
Generally no, unless there’s a court order (like an Order of Protection) prohibiting your entry, or you’ve transferred ownership/control of the property.
Criminal Trespass Defense Throughout Arizona
Criminal trespass charges range from minor misdemeanor to felony depending on the property type. Defenses focus on authorization, notice, and whether the elements are proven. Attorney Josh represents clients facing trespass charges throughout Arizona.
Phoenix Office:
2601 N 3rd Street, Suite 301
Phoenix, AZ 85004
Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251
Call (480) 386-1824 for a free consultation.
