Trespass Lawyer

Criminal trespassing occurs when an individual enters or remains on another person’s property without their permission. This can lead to serious penalties for the trespasser. If you’re facing these charges in Arizona, hiring a Mesa trespass lawyer is crucial for securing a favorable outcome for your case. The Law Office of Joshua A. Lopez, LLC, can analyze all the evidence and create a unique defense strategy for your situation.

Trespassing in Arizona involves knowingly entering or remaining on another’s property without their permission. Penalties for trespassing can be severe, as they are intended to deter trespassers for their own safety as well as the property owner’s. In fact, 2024 data showed that 39 casualties were reported in Arizona during a trespassing incident, a 2.7% drop from 2023.

• Criminal trespassing in the third degree : A Class 3 misdemeanor, happens when an individual knowingly enters or unlawfully remains on a property after a request is made for them to leave by either the owner, the Mesa Police Department, or any other person with control over the property.
• Criminal trespassing in the second degree : A Class 2 misdemeanor, this charge involves entering or remaining at a nonresidential structure or commercial yard.
• Criminal trespassing in the first degree: A Class 1 misdemeanor, the most serious form of trespassing involves remaining at a residential structure, fenced residential yard, or critical public service facility. First-degree criminal trespassing also includes damaging property, such as vandalism.

The circumstances surrounding the crime have a large part in how the crime is classified and whether the charge is a misdemeanor or felony. Misdemeanor charges generally lead to lighter sentencing than felony charges. Penalties may include varying degrees of:

• Jail time
• Fines
• Probation
• Court-mandated educational programs
• Paying restitution to the property owners
• Community service

Trespassing charges can also create a permanent criminal record, which can impact your future career and housing opportunities.

When you’re up against trespassing charges in Mesa, it’s critical that you understand the possible defense strategies. A Mesa trespass lawyer can employ many strategies to fit the circumstances of your allegations. Some common defenses include:

• Lack of intent: To be guilty of a trespassing crime, there must be evidence of intent. If entry was unintentional and you did not know you were on private property, this can be a valid defense.
• Consent : If you had permission to be on the property from the property owner or someone who could grant you access, this can serve as a strong defense option.
• Mistake of fact : You might’ve thought you had the right to be on the property due to a misunderstanding or misinformation.
• Lack of notice: If the property did not post signage to discourage trespassing, you may not have known it was private property.
• Constitutional violations: If law enforcement violated your rights during the arrest, it could lead to a dismissal of charges.

Navigating trespassing charges requires a thorough understanding of Arizona law. The team at The Law Office of Joshua A. Lopez, LLC, can guide you through each step of the process. Our firm can create a robust defense strategy to fit your case.

Arizona Crime Statistics reports that 17.2% of arrests in 2024 involved unlawful interactions with property, such as trespassing and vandalism. When you work with The Law Office of Joshua A. Lopez, LLC, you can expect experienced, compassionate care. Our team can examine all the details of your case to identify possible defenses and weaknesses in the prosecution’s case. We can scrutinize all the evidence against you and question its validity.

Our team can negotiate on your behalf through plea bargaining to reduce or drop the charges against you. If your case goes to trial, we can work tirelessly to defend you in court, striving to achieve the most favorable outcome possible for your case.

We believe in keeping our clients informed at each phase of the legal proceedings. This can empower you to make informed decisions as we work together to protect your rights.