Scottsdale Trespassing Lawyer

Even the simplest of mistakes can lead to trespassing charges in Scottsdale. These are serious charges, typically involving the unlawful or illegal entering of a home, residence, or other property belonging to another individual or entity. Whether your charge has arisen from an incident near the McDowell Sonoran Preserve or a misunderstanding happening in Troon Village, a Scottsdale trespassing lawyer is here to defend your rights.

Davidson Criminal Defense & DUI Law Firm: Protecting You in a Criminal Case

Since the firm’s inception in 2005, the team at Davidson Criminal Defense & DUI Law Firm has been working to provide residents of Scottsdale with the experienced and trusted legal and criminal defense they deserve. Having been a member of the bar since 1998, our lead attorney, Mr. Joshua S. Davidson, is here to personally handle your trespassing case. With our proven track record of success, we are here to deliver the legal care you can trust.

Defining the Types of Trespassing Crimes in Scottsdale

Arizona ranks 10th in the country for states with the highest rates of trespassing deaths and injuries. In many cases, these situations can arise from simple misunderstandings, but when you find yourself on the wrong side of a trespassing charge, you need an attorney who can look at the facts and fight for your rights.

A trespassing charge typically arises when one party unlawfully enters a home or residence of another, or illegally enters a piece of land or other property that is marked with a no trespassing sign.

There are three different classifications, or degrees, of trespassing recognized in Arizona. These are:

1. First-degree trespassing. In Scottsdale, an individual can be charged with first-degree trespassing if they have intentionally and knowingly entered the following spaces:
   • A residential structure, such as a home or apartment complex
   • A fenced residential yard, and knowingly remained
   • A residential yard for the sake of looking into the residential building, classified as a direct violation of privacy
   • Entering an individual’s property and purposefully causing criminal damage, like defacing, burning, or other illegal acts
   • A public services facility
   • A property that holds known mineral claims, in a way that demonstrates you are planning to work the land and take the minerals for your own personal use or gain
2. Second-degree trespassing. For a second-degree trespassing offense, there is only one kind of crime listed: entering and/or remaining on a nonresidential property or within a commercially fenced yard in an illegal manner. This is typically charged as a class 2 misdemeanor crime and can be punished with up to four months in jail and fines totaling $750.
3. Third-degree trespassing. In Arizona, trespassing in the third degree typically involves two actions. One, when an individual remains on someone’s property after they have been requested to leave, either by the owner or another individual with authority, or two, when a person stays or enters a railroad property, such as any switching yards, rolling stock, tracks, or storage.

Depending on the nature and circumstances of your trespassing charge, there are several different penalties that can arise from a successful conviction, including mandatory community service, probation, fines, including restitution payments to victims, jail, or time spent in an Arizona state prison.

If you are successfully convicted, you may also suffer certain personal consequences. These can include:

• The social stigma that is associated with a criminal record
• Difficulty in finding or maintaining housing, as most convicted individuals with a criminal record see an unemployment rate of 30%

For these reasons and many more, it is important that you reach out to a criminal defense attorney as soon as you learn you are being charged with trespassing in Scottsdale.

Common Defense Strategies That Can Be Used for Arizona Trespassing Charges

At Davidson Criminal Defense & DUI Law Firm, our number one priority is your freedom. Whatever your trespassing charges might entail, we are ready to listen to your side of the story and determine the right course of legal action to take in your defense. There are several different strategies that may work effectively in your case. We are here to review your case and implement one or more of the following defense strategies:

• Lack of notice. A key aspect of every valid trespassing case is that you must have been notified or made aware of the fact that your presence on the property was not permitted. If there was no real indication that your presence was not allowed, such as a sign, fencing, or a verbal communication or warning, then you may be able to use this as your defense.
• Mistake of fact. This defense can be used in cases where you truly believed you held every right to be on the property in question. For example, if you believed that the property you were accessing belonged to a friend or family member, or if you found your way onto the property as a result of a misunderstanding or mistake, you may be able to use this as a defense.
• Consent. If you were granted permission to be and/or remain on the property, either from the owner of the property or someone with necessary authority, this can be a strong defense when facing trespassing charges in Scottsdale.
• Emergency or necessity. If you entered the property in question because there was an emergency or out of necessity — such as in the case of trying to avoid immediate danger — this could be used as a defense.

Hire a Trespassing Lawyer From Davidson Criminal Defense & DUI Law Firm Today

If you or someone you love has been charged with trespassing in Scottsdale, you need to hire a trespassing lawyer as soon as possible. These cases are serious, as are the penalties that can accompany a conviction. Why take the risk of harming your future when you can hire an attorney to defend you? At Davidson Criminal Defense & DUI Law Firm, we are here to fight tirelessly for your rights and your side of the story. Contact us today to set up an appointment.