Property Invasion, Damages, Trespass Received ticket for trespassing on land with no posted signs

[JTH91]

Today on Oct. 19th at approximately 10 AM I took my german shorthaired puppy to train to point quail birds at a location that I used to hunt a few years ago. Back then there was homemade signage on ply wood saying it was ok to be there but to not leave trash, or something to that affect, as well as a broken old barbed wire fence. When I parked there today (Off the side of the road on dirt) there were new signs from the Arizona Game and Fish Department stating that hunting beyond the fence was prohibited. This was no problem because I wasn't there to hunt and had no weapons with me.

After training my puppy for about 2 hours a man (who was later identified and presumably a farm hand for the lands leaser) came speeding at me with his truck, stopping where I was previously standing before I jumped out of the way. He then yells for me to get out of there which I was doing and I tried to calm him down and my exact words were "Sir, I apologize but I did not see any signs other than no hunting which I am not doing". He then says and excuse my language " What the fuck did you just say to me!" and then jumped out of his truck which caused me to jump back because he was acting like a crazy person. He then jumps back in his truck slams it in drive and tries to run my dog and I over for about 400+ yards all the way back to my truck. Luckily I was able to evade hime by running through trees and washes as he tried to hit me. I immediately call 911 because I was scared for my life and they told me to meet a Sheriff's Officer at another location which I did.

I told him my story and he says that Mesa PD received a call about a trespasser at the same location so we know who they are. The Sheriff seemed concerned about my story while the Mesa PD (Who were responding to the land leasers call) seemed to only care about the "trespassing" and not the fact that my dog and I were almost killed by a crazy man in a truck. Mesa PD issued me a ticket for 3rd degree trespassing and even giggled when I asked how I press charges for the man attempting to kill me with his truck.


I went back right after to take pictures of the scene and can supply them if you believe this will better help you give advice. The pictures I took were of the mans truck which was parked on another lot adjacent to the east, the signs from AZGFD stating no hunting and the lack of any no trespassing signage.

 

[Betty3]

You really need to get the help of a lawyer.

 

[army judge]

You should: shut up, plead not guilty, hire a lawyer (or request a public defender if you can't afford to hire a lawyer), stay away from the property, wait, and remember: SHUT UP!!!!


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13-1502. Criminal trespass in the third degree; classification

A. A person commits criminal trespass in the third degree by:

1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.

2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.

B. Pursuant to subsection A, paragraph 1 of this section, a request to leave by a law enforcement officer acting at the request of the owner of the property or any other person having lawful control over the property has the same legal effect as a request made by the property owner or other person having lawful control of the property.

C. Criminal trespass in the third degree is a class 3 misdemeanor.

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Per A.R.S. §13-1502, a Criminal Trespass in the "Third-Degree" occurs when a person has received a reasonable request to leave by the owner or any other person having lawful control over such property, and they have refused to do so. This can also occur when they are in violation of a posted "No Trespassing" sign. Sometimes this can occur when a person remains unlawfully on the right of way for train tracks or property of a railroad company.


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A "NO TRESPASSING" SIGN IS NOT REQUIRED IN ORDER FOR THE ACTOR TO COMMIT TRESPASS.


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[army judge]

A key defense to a Trespass charge is that the defendant lacked the requisite intent to trespass. This is accomplished by demonstrating that the defendant was not aware that they were unlawfully entering, or remaining on the property- the defendant thought they were allowed to be there. This can occur where the defendant was never properly informed that they could not enter a piece of property or that they had to leave the property. Very often we will see cases involving skateboarders who were skating in a parking lot of a local church or park, and unbeknownst to them there was a sign posted which states "No Trespassing – No Skateboarding". The sign must be conspicuously posted at an area that can be seen by all. It is important to diagram the actual area of the park or church parking lot to show that there were other entrances located far distances from the posted sign so that people could enter without being aware of the regulation.



Another defense which exists with regards to Trespassing is that the person who asked the defendant to leave the property did not have actual authority to revoke permission. Usually, this situation occurs where the defendant has been given permission to come to a party at someone's house, and then another person who either lives in the house or is staying there asks the defendant to leave. It is important to interview all witnesses to demonstrate the facts surrounding the incident and to create a timeline that establishes who gave permission, when it was received, and who attempted to revoke permission and when they attempted to do so. We must also present evidence to demonstrate the defendant's good character, and the reporting party's propensity to "overreact".