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Compared to other crimes, especially the violent and dangerous classifications, criminal trespassing may not sound exceptionally serious or damaging, but a conviction can come with life-changing implications.

While the details and circumstances of the charges will ultimately determine the punishments, prosecutors can file criminal trespassing as either a misdemeanor or a felony. Both types of charges carry harsh punishments. Regardless if you didn’t see a posted “No Trespassing” sign, refused to leave a private residence during an argument, or knowingly trespassed, your case will be met with aggressive prosecutors seeking the maximum punishments.

If you are facing criminal trespassing charges, having an experienced attorney, who was a former prosecutor, handle your case is the best situation for you!


Types of Criminal Trespassing and Associated Penalties


The law is broken down into different degrees of severity and the type of property and provisions determine whether it is charged as a felony or misdemeanor.


  • First degree – this crime is broken down further into three separate offenses
    • Deliberately entering or remaining in or on private property or deliberately entering or remaining on a property of another and damaging a religious symbol
      • Class 6 felony
      • four months to two years in prison
      • Fines up to $150,000
      • Up to three years of probation
    • Deliberately entering or remaining in a fenced private property
      • Class 1 misdemeanor
      • Max of six months in jail
      • Up to $2,500 fine
      • Up to three years of probation
    • Deliberately entering private property without lawful authority, looking into the residence in reckless disregard of infringing on personal privacy
      • Class 1 misdemeanor
      • Max of six months in jail
      • Up to $2,500 fine
      • Up to three years of probation
  • Second degree – deliberately entering or remaining unlawfully in or on any nonresidential property or in any fenced commercial yard
    • Class 2 misdemeanor
    • Up to four months in jail
    • Up to $750 fine
    • Up to two years of probation


  • Third degree – deliberately entering or remaining unlawfully on any property after a reasonable request was made by law enforcement or another entitled individual to leave or notice prohibiting entry
    • Class 3 misdemeanor
    • Up to one month in jail
    • Max of $500 fine
    • Up to one year of probation


Did You Know?

Criminal trespassing can also be charged as a domestic violence offense if the property is of an individual in a relationship with the defendant who is asked to leave, and they don’t. The consequences of domestic violence law cases are much more severe than simple criminal trespassing.

Sonoran Law Group Will Help You Fight Against Criminal Trespassing Charges

Whether your charges came from being unaware of your trespassing, or from an argument with an individual or knowingly violating property rights, criminal trespassing charges are very serious and need to be treated as such.

At Sonoran Law Group, we’ve handled numerous criminal trespassing cases that have resulted in dismissal or reduced charges. Contact us today to schedule your no-cost consultation and get an experienced criminal defense lawyer standing between you and the prosecution.