What Is Aggravated Trespass?
California law separates minor trespass infractions and crimes from the more serious offenses that are classified as aggravated trespass. Because aggravated trespass always includes a threat to someone’s safety, the law punishes it more harshly than simply being on someone else’s property without permission. It’s crucial to be aware of criminal trespass laws, as conduct that may seem normal to you can end up threatening your freedom. In this blog, I’ll explain what a prosecutor must do to prove you committed criminal aggravated trespass and the possible punishments.
Aggravated Trespass Requires a Credible Threat
Merely being where you are not supposed to be will not result in charges for aggravated trespass. To prove that you are guilty, a California prosecutor must show that you did ALL of the following:
- Credibly threatened to cause serious bodily injury to someone else
- Intended the threat to scare or create fear in that other individual
- Entered the threatened individual’s home or workplace
- Intending to carry out the threat
- Within 30 days of making the original threat
A skilled defense attorney will usually defend you from a charge of aggravated trespass by arguing there was no credible threat. California law defines a credible threat as something that puts the threatened individual in reasonable fear for their (or an immediate family member’s) safety.
For a threat to be credible, you also must appear capable of carrying it out. A credible threat can be made either verbally or through writing or electronic communication.
Your Intentions Matter for Aggravated Trespass
A prosecutor must prove your intentions not once but twice for them to convict you of aggravated trespass. First, the prosecution must show that when you threatened the other individual, you intended to cause fear. For example, maybe you “threatened” to take someone out on your boat, not knowing they were scared of water. While they may fear the boat ride, you did not intend for them to be afraid.
More importantly, for a conviction, you must intend to actually carry out the threat when you commit a trespass within 30 days of making it. Imagine that you threatened to hit your friend with a baseball bat during an argument a week ago. If you enter their apartment and wait for them to come home so you can play video games, you have not committed aggravated trespass. You can only be convicted of aggravated trespass if you intend to hit them with a baseball bat when you enter their apartment.
Punishments Available for Aggravated Trespass
If you are charged with aggravated trespass in California, you may face misdemeanor or felony charges. Aggravated trespass is known as a “wobbler,” which means the prosecutor can base the severity of charges on the facts of your case and your criminal history.
If you face misdemeanor aggravated trespass charges, the maximum penalties you face include:
- Up to a year in county jail
- A fine of $2,000
- Summary probation
The punishments for felony aggravated trespass are more severe, topping out at:
- Up to three years in county jail
- A fine of up to $10,000
- Formal, felony probation
A felony conviction for aggravated trespass may also negatively affect your immigration status or right to own a firearm.
If you’ve been charged with aggravated trespass in Los Angeles, California, the skilled criminal defense attorneys at Chambers Law Firm are ready to put our years of experience to work to fight for your freedom. You can schedule a free consultation today by reaching us at 714-760-4088 or dchambers@clfca.com.
