While Arizona has a pretty robust nightlife, and most patrons enjoy themselves responsibly enough, there are times when someone will refuse to leave a bar when asked (or return after being explicitly told they are banned).
What probably seems like a minor act of defiance at that moment can actually turn into a serious legal issue, however.
It’s criminal trespass in the third degree
Per A.R.S. § 13-1502, it’s a misdemeanor of the third degree to either enter or remain on any property after you’ve been asked to leave by law enforcement officers, owners, managers or any other person who has control of the property.
In other words, you can (and probably will) be charged with a crime if you do things like:
- Have a friend sneak you in through the back door of a club after a bouncer at the door refuses you entrance
- Refuse to leave when the bartender cuts you off and tells you that it’s time for you to go because you’re too intoxicated
- Go back to a bar after you were ejected for being too rowdy despite being told that you were permanently banned, even if it’s been a few days
Criminal trespass in the third degree is a Class 3 misdemeanor offense in Arizona, so that means you could face up to 30 days in jail, plus fines and probation if you’re convicted. The stakes could be higher if you already have a criminal record or there are any related charges, such as for assault or property damage.
Violating a bar ban is no joking matter, so it’s wise to consider prompt legal assistance if you’ve been arrested.