Keep Out! Sometimes Trespassing Is a Felony

25 Nov Keep Out! Sometimes Trespassing Is a Felony

It might seem harmless, but intruding on someone else’s property can lead to serious consequences in Arizona. For most, it can mean misdemeanor charges with jail time or fines. However, in some cases, it can land you in prison with a felony record. 

Is Trespassing Always a Felony in Arizona?

No, criminal trespass is not always a felony. Typically, it’s only a misdemeanor. However, there are certain circumstances that make trespassing a felony. 

Arizona defines criminal trespass as knowingly doing one of the following without permission from the owners or leasees:

1. 1. Entering or remaining in (or on) a residential structure without permission.
   2. Entering or remaining in a fenced residential area without permission.
   3. Entering into a residential yard and looking into a structure without regard for the property owner’s right to privacy. 
   4. Entering a piece of land where you have no legal claim or lease with the intent to take or explore for minerals.
   5. Entering a property with the intention of desecrating a religious symbol.
   6. Entering or remaining in a critical public service facility.

Of these six definitions, only numbers 1, 5, and 6 are considered felonies. 

Consequences of Felony Trespass in Arizona

Entering or remaining in a residential structure without permission and trespassing on a property in order to desecrate a religious symbol are both class 5 felonies. The consequences for a class 5 felony conviction are:

• A prison term of 6 months to over 7 years, depending on previous convictions
• Fines up to $150,000
• Restitution to be paid to victims  

Trespassing in a critical public facility is a class 6 felony. A class 6 felony conviction has several consequences:

• A prison term of 3 months to over 5 years, depending on previous convictions
• Fines up to $150,000

And remember, a felony conviction also means losing certain civil rights, like the right to vote in elections.

Criminal Defense Attorney in Chandler, Arizona

If you are facing felony charges, you need a strong defense attorney to fight on your side. Having a certified criminal defense attorney is important for several reasons: 

• They will negotiate with the prosecution and help you decide how to plead at your hearing.
• They understand how the justice system works, and they have proven experience defending criminal cases.
• They will keep track of important court dates and file the necessary paperwork.
• They’re also there to make sure your rights are not getting trampled by the courts.

The Todd Coolidge Law Firm offers the best representation in Chandler, Arizona. For over 25 years, we have worked within the Arizona justice system as a certified defense team. Not only do we know all the ins and outs of criminal law, we also believe that every case deserves our personal attention. 

Don’t gamble with your future. Contact us today for a consultation on your case. 

Photo by Nicola Carter on Unsplash used with permission under the creative commons license for commercial use 11/24/25.