The Legal Assumptions and Realities of Trespassing and Burglary in Abandoned Buildings

As a professional in the legal field, the frequent misconceptions surrounding trespassing and burglary laws, particularly in relation to abandoned properties, have come to my attention. What seems like victimless or minor offenses can carry serious legal consequences under Arizona law.

Abandoned Properties and the Law

Squatters’ Rights and Adverse Possession in Arizona

In Arizona, laws exist that enable someone to claim ownership of an unoccupied property, providing they have lived there openly, continuously, and without the owner’s permission for a certain period. This set of legislations, known as ‘Squatters Rights’ or ‘Adverse Possession’, can seem inviting for those intending to make use of abandoned properties. However, the laws surrounding these rights are complex and require the occupier to meet several legal requirements.

The Difference between Trespassing and Burglary

For a layman, the terms ‘theft’, ‘trespassing’, ‘burglary’, and ‘robbery’ might appear interchangeable. However, it’s crucial to understand the unique implications and legal consequences tied to each term. Trespassing in Arizona typically refers to an individual knowingly entering or remaining on a property without the legal right or explicit permission from the owner. This is true regardless of whether the property looks abandoned, is unattended, or hasn’t been maintained.

Burglary, on the other hand, goes a step further, encompassing the unlawful entrance into a structure with the intent of committing theft or another felony while inside. The severity of the charges and subsequent penalties strongly depend on the situation, such as the intent upon intrusion and whether a weapon was present during the act.

Abandoned Buildings and Legal Complications

Burglary and Theft from Abandoned Properties

Even if a property appears unused or disregarded, it does not give free rein to an individual. In fact, taking items from a seemingly abandoned property could lead to charges of theft, which can range from misdemeanors to felonies depending on the value of the property taken.

The Challenge of Defining ‘Abandoned’

It is no easy task to prove definitively that a property is genuinely abandoned. The presence of disrepair, lack of maintenance, or even unoccupied status does not provide a strong enough case to convince the court of the property’s abandonment. A skilled attorney can help gather appropriate evidence, analyze the ownership status, and argue the case on these grounds.

It may be surprising for some, but even the act of burglary in an abandoned building can have grave consequences. If an individual is found unlawfully entering an abandoned building with the intention to commit a crime, they can face charges of trespassing and burglary simultaneously.

Legal Representation for Such Cases

If you find yourself facing charges related to trespassing, burglary, or theft in Arizona, having an experienced and knowledgeable defense attorney can go a long way towards protecting your rights. At Colburn Hintze Maletta (CHM), we understand the intricacies of Arizona’s criminal laws. Our team, armed with expert knowledge and familiarity with the process, strategizes defense based on your unique situation and fights for the best possible outcome.

Our commitment goes beyond achieving the best possible verdict. We ensure you are supported and informed every step of the legal journey. Should you ever encounter such charges, reach out to us at CHM for a comprehensive and compassionate legal service.

Originally Post From https://www.chmlaw.com/burglarize-an-abandoned-building-az/