Tempe Trespassing Lawyer

Experienced Trespassing Attorney in Tempe, AZ

Trespassing charges can be serious, and a conviction can have far-reaching effects that follow a person for the rest of their life. If you find yourself facing criminal trespassing charges, your ideal next step is to reach out to an experienced Tempe trespassing lawyer. With a qualified attorney to represent you and defend your rights throughout your case, you have a better chance of improving the outcome of your trespassing case.

About Davidson Criminal Defense & DUI Law Firm – Local Tempe Criminal Defense Attorney

No matter their nature, criminal charges can cause serious negative impacts on a person’s life. Charges alone can significantly harm a person’s reputation. A conviction can limit work opportunities, housing opportunities, and even personal freedoms. That is why you need a defense attorney who understands how prosecutors think. 

Tempe trespassing lawyer Joshua S. Davidson is well-equipped to support and advocate for clients facing criminal charges. He has been on the other side of the courtroom himself. Before beginning his 20 years of defending clients against criminal charges, Mr. Davidson was a prosecuting attorney. Because of this experience, he has firsthand knowledge of how prosecutors build their cases, allowing him to think steps ahead when strategizing for a client’s defense. 

Criminal Trespassing Charges and Penalties in Arizona

Virtually every town in the United States is susceptible to certain levels of property crime. In Tempe, the total property crime rate is around 36 incidents per 1,000 residents each year. In 2025, there were 51,844 Tempe police calls for property crimes. According to Arizona trespassing laws, there are three levels of criminal trespassing offenses in the state. 

Third-degree criminal trespassing is the least severe trespassing charge. This offense involves entering a property, but not a structure, unlawfully or refusing to leave a property after being asked to do so by the property owner, a police officer, or anyone else with the authority to ask you to leave. Third-degree criminal trespassing is a Class 3 misdemeanor in Arizona. 

Misdemeanors are considered to be less serious crimes than felonies. By definition, a misdemeanor cannot be punished by a jail sentence longer than 364 days. In Arizona, Class 3 misdemeanors can result in jail sentences of up to 30 days, fines, or probation.

The next level of criminal trespassing offense, second-degree criminal trespassing, is defined by entering or failing to leave a fenced commercial yard or nonresidential structure. Second-degree criminal trespassing is a Class 2 misdemeanor. Class 2 misdemeanors are punishable by up to four months in jail, fines of up to $750, and probation.

Offenses under the umbrella of criminal trespassing in the first-degree can be felonies or misdemeanors. The most serious category of criminal trespassing offense is first-degree criminal trespassing. This involves any of the actions listed below:

• Unlawfully entering or remaining inside a residence or on the roof of a residence (Class 6 felony).
  
• Entering or refusing to leave a fenced yard outside a residence (Class 1 misdemeanor).
  
• Entering a residential yard and looking through the windows of the residence (Class 1 misdemeanor).
  
• Entering property that is subject to a mineral claim in an effort to prospect for yourself (Class 1 misdemeanor).
  
• Entering or refusing to leave someone else’s property and vandalizing religious property (Class 6 felony).
  
• Entering or refusing to leave a critical public service facility, such as a utility plant (Class 5 felony).

Class 5 felonies can be punished by prison sentences of up to two years, and Class 6 felonies may carry prison sentences of up to 18 months. Class 1 misdemeanors are punishable by up to six months in jail, fines of up to $2,500, and probation. 

Hire a Trespassing Lawyer

If you are facing criminal trespassing charges, you should take them very seriously and hire a trespassing lawyer as soon as you can. Your attorney can work with you to help you understand the particulars of your case and your legal position, thereby preparing you for the criminal justice process that lies ahead. 

FAQs

Is it Possible to Successfully Defend Against Trespassing Charges?

Yes, it is possible for an experienced defense attorney to successfully defend a client against criminal trespassing charges. There are several defense strategies a lawyer and their client might use, including an alibi defense, mistaken identity, lack of intent, and several others. Your lawyer can give you some insight as to potential effective defenses after learning the details of your case. 

Where Are Criminal Trespassing Cases Handled in Tempe? 

Criminal trespassing cases in Tempe are handled by one of two courts, based on the severity of the charge against you. Misdemeanor-level cases are often handled by the Tempe Municipal Court, located on East 5^th Street. If the case involves a felony-level charge, it is more likely to be processed through the Maricopa County Superior Court, which is housed on Jefferson Street in downtown Phoenix. 

Is Jail Time Mandatory for Criminal Trespassing Charges? 

No, jail time is not mandatory for criminal trespassing charges. In many cases, criminal trespassing only results in misdemeanor charges, and there is no mandatory jail time for such offenses. Judges have a lot of discretion when deciding whether or not to impose a jail sentence on someone convicted of a misdemeanor. Felony charges are more likely to result in jail time, although it is not unheard of for a judge to impose probation instead. 

How Much Does a Criminal Trespassing Defense Lawyer Cost in Tempe? 

When looking for a criminal trespassing defense attorney in Tempe, you are likely to find a wide variety of hourly rates. The final cost for an attorney’s services is influenced by the lawyer’s individual fee structure, the complexity of the case, and the amount of time the attorney must ultimately spend working on it. 

Need Representation? Contact Davidson Criminal Defense & DUI Law Firm Today

Facing any criminal charge, including trespassing, can be a very scary experience. You may feel overwhelmed and unaware of what steps to take next. Davidson Criminal Defense & DUI Law Firm, our Tempe trespassing lawyers are already prepared with the resources you need to navigate your case. Contact us to discuss your case right away.