Scottsdale Trespassing Lawyer

Top Rated Trespassing Attorney in Scottsdale, AZ

Even the simplest of mistakes can lead to trespassing charges in Scottsdale. These are serious charges. Trespassing crimes involve 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 legal care you can trust.

Defining the Types of Trespassing Crimes in Scottsdale

Trespassing accusations occur in various places, even those you might not always expect. Trespassing laws are put in place to protect not only people’s property, but also the well-being of everyone in the community. When trespassing happens in a dangerous location, injury and even death can occur. 

For example, around 791 people died in the US in 2025 because they were trespassing on railways. Arizona ranks 8th in the country for pedestrian railway injuries (13) and deaths (25). This is just one example of a trespassing incident that can not only cause injury but also get you arrested. 

In many cases, trespassing situations can arise from simple misunderstandings. Still, when you find yourself on the wrong side of a trespassing charge, you need a Scottsdale trespassing attorney who can look at the facts and advocate 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. 

First-Degree Trespassing

In Scottsdale, an individual can be charged with first-degree trespassing if they have intentionally and knowingly entered the spaces listed below:

• A residential structure, such as a home or apartment complex.
  
• A fenced residential yard.
  
• 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.
  

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.

Third-Degree Trespassing

In Arizona, trespassing in the third degree typically involves one of 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 of the social stigma that is associated with a criminal record. You may experience 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 others, 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.

When Trespassing Turns Into a Domestic Violence Charge

While it may seem counterintuitive at first, trespassing can be charged as a domestic violence offense in Arizona. Domestic violence itself is not a crime, but rather a legal determination made when qualifying criminal offenses, such as criminal trespassing, are committed between two parties that meet the legal definition of having a domestic relationship. 

Domestic relationships can include spouses, former spouses, people who currently or previously lived together, parents who share a child together, certain relatives, and current or former dating relationships. 

For example, a common domestic violence allegation may occur when one party returns to a home they were previously told not to enter or refuses to leave the property after permission to stay is revoked. A simple misdemeanor trespassing charge can take a different turn once it’s labeled a domestic violence offense, impacting the case’s progression. 

Domestic Violence Classes After a Conviction

Like many domestic violence convictions in Arizona, being found guilty of domestic violence-related trespassing could result in the courts ordering you to complete a court-approved domestic violence offender treatment program as part of your sentence or probation. 

Court-ordered domestic violence programs are different from typical anger management classes. While judges have some discretion in ordering these programs, they are specifically geared toward domestic violence offenders and can range in duration depending on the judge’s orders and the facts of the case.

Failure to attend scheduled classes, follow program guidelines, or satisfactorily complete the program can result in violations of probation or other sanctions ordered by the court.

Long-Term Consequences of a Domestic Violence Trespassing Conviction

One of the long-lasting effects of a domestic violence conviction can stem from the loss of firearm rights. State and federal trespassing laws dictate that certain domestic violence convictions can prevent someone from purchasing firearms or possessing them. Domestic violence convictions can affect personal firearm ownership and even prevent someone from working in jobs that allow or require you to carry a firearm.

Domestic violence may also become a factor in family law cases. If parents find themselves in a dispute over child custody or parenting time, evidence of domestic violence may be brought to family court to determine if the contested parenting arrangement would be in the child’s best interest. While no two custody cases are the same, domestic violence convictions or criminal charges can play a role during those hearings. 

Other long-term consequences of domestic violence convictions can make it difficult to secure housing, obtain employment, pass background checks, and lose professional licenses. Court orders, including protective orders, may also be extended or put in place based on the facts surrounding the case.

Defense to Domestic Violence-Related Trespass Charges 

Domestic violence trespass charges still require the prosecutor to prove each element of the underlying crime beyond a reasonable doubt. For example, your attorney may be able to challenge whether you had the right to enter the premises, whether proper notice to depart was given, or if the victim had the authority to keep you out. 

Cases can sometimes arise where there are disputes about shared homes, jointly owned property, or confusion over who is allowed to be there.

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 can review your case and implement one or more of the defense strategies listed below:

• 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 had 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 a Trustworthy Law Firm, Davidson Criminal Defense & DUI Law Firm

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 trespassing penalties that can accompany a conviction. 

Why take the risk of harming your future when you can hire a trespassing lawyer to defend you? At Davidson Criminal Defense & DUI Law Firm, we can advocate tirelessly for your rights and your side of the story. Contact us to set up an appointment.