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Criminal Trespass in Tucson: How Notice and Consent Decide the Case
Criminal Trespass in Tucson: Notice, Consent, and Property Type
Why the signs, timing, and location details make or break your case.
Criminal trespass is charged in three degrees in Arizona, and the degree drives everything from exposure to negotiation. The key elements are notice, consent, and property type.
Degrees at a glance{
- Third-degree (13–1502): remaining after reasonable notice to leave, entering fenced property, or staying after a business closes.
- Second-degree (13–1503): entering or remaining in/on a non-residential structure or fenced commercial yard.
- First-degree (13–1504): entering a residential structure, critical infrastructure, or certain protected locations; some subsections are felonies.
Notice and consent
Even with signage, prosecutors must show reasonable notice and that you knew or should have known you couldn’t enter or stay. If a manager, employee, or resident gave consent (or your presence was otherwise privileged), that can defeat the charge.
Property type matters
The State must prove the location matches the degree charged (residential vs. non-residential, fenced yard vs. open area). We use photos, maps, and business hours to test those elements.
Evidence we focus on:
- Video and timestamps (was the area open to the public?)
- Receipts/texts showing permission or business purpose
- Witness statements (security/staff can be inconsistent)
Outcomes:
When notice or property-type proof is weak, trespass cases are often reduced or dismissed. Many courts offer diversion or deferred outcomes in the right facts.
What to do now:
Save any trespass warnings, take photos of entrances/signage, and list witnesses. Don’t discuss the facts with anyone except your lawyer.
See: https://www.douglaswtaylor.com/criminal-trespass
https://medium.com/@taylorlawgroup/criminal-trespass-in-tucson-notice-consent-and-property-type-2b479e385ca6
