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Two separate Class 3 Misdemeanor Criminal Trespass cases landed against the same client at Phoenix Municipal Court within days of each other. Future First forced the State to its proof on both and walked away with two outright dismissals.
At a glance
| Court | Phoenix Municipal Court |
| Original charges | Two counts (separate case numbers) of Criminal Trespass in the Third Degree on Real Property (ARS § 13-1502(A)(1)), Class 3 Misdemeanor |
| Presumptive exposure per case | Up to 30 days jail, up to $500 fine plus surcharges, up to 1 year probation, permanent misdemeanor conviction |
| Result | Both cases dismissed in 2020 on State’s motion under Rule 16.4(a) |
| Conviction | None on either case |
| Eligibility for set aside | N/A (no conviction on either) |
| Eligibility for sealing | Immediate under ARS § 13-911 in 2020 (both cases ended in dismissal) |
The stakes
The client was cited for 3rd degree criminal trespass on real property in Phoenix in 2020. Then a second trespass charge followed into Phoenix Municipal Court within days of the first.
Each case carried up to 30 days in jail, a fine, probation, and a permanent misdemeanor conviction on the record. A second pending misdemeanor compounds the risk. Two convictions on the same record carry more weight than one for future background checks, housing, and employment. Trespass charges turn on whether the State has a complaining witness who will appear and testify.
What we did
Future First built the defense around that pressure point. The firm filed a notice of appearance on each case, demanded discovery, and held the State to its proof. The State moved to dismiss the first case under Rule 16.4(a).
The firm pressed the same strategy on the companion case. The State moved to dismiss it alongside the first one. The court entered both dismissals in 2020. The client walked away with no conviction on either case, no jail, no fine, and no probation. Under ARS § 13-911 the arrest records are eligible for sealing immediately.
What our clients say
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If you’re facing a Criminal Trespass charge in Arizona
Arizona’s criminal trespass statutes (ARS §§ 13-1502 through 13-1504) cover a range of conduct from refusing to leave residential property to entering fenced commercial premises. Third degree trespass under § 13-1502 is the lowest tier (Class 3 Misdemeanor). Second degree under § 13-1503 covers commercial property (Class 2 Misdemeanor). First degree under § 13-1504 covers residential structures and yards (Class 6 Felony or Class 1 Misdemeanor depending on facts).
Many trespass cases rise or fall on witness availability. The State needs a complaining witness, usually a property owner or manager, who will appear and testify about the conduct. When defense work forces the State to produce that witness early in the case, the prosecution often reassesses whether the case is worth taking to trial. A timely Rule 16.4(a) dismissal can close the case without the client ever entering a plea.
Future First Criminal Law has handled criminal trespass cases at every tier across Maricopa County and Arizona. We know how Phoenix Municipal Court and other municipal courts handle these charges, and how to position a case so the State files the motion to dismiss instead of forcing the client into a plea.
Related resources
- Arizona criminal defense — full overview of how we handle misdemeanor and felony charges
- Set aside and sealing in Arizona — how to clean up your record after a dismissal or conviction
Call us
Facing a Criminal Trespass charge in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of misdemeanor cases at every tier across Arizona. The earlier we are involved, the more options you have.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona criminal trespass law, visit the Arizona State Legislature website.