All of us had observed no trespassing signs. But what does trespassing really mean? Can trespassing charges be brought against someone only if one of those signs is up on their property? Every time a person enters or remains on another person’s property without that person’s consent or legal authorization, criminal trespass is committed, according to California law.
Charges of trespassing may occur in a variety of situations. For instance, trespass charges may be brought against someone who has been forbidden from entering a store due to prior behavior but nonetheless enters and disrupts other customers. As an alternative, it is thought to be trespassing if someone sneaks into an empty shed that a homeowner has at the back of their property and spends several nights there.
There are several other circumstances that might give rise to criminal trespass charges; these are just two potential examples of trespass. If you are facing a trespassing charge, or other California criminal charges, contact Chambers Law Firm at 714-760-4088 for a free legal consultation with an experienced criminal defense attorney.
Potential punishments for a trespassing conviction
Trespassing is often penalized as a misdemeanor in California. A $1,000 fine or up to 6 months in county jail are possible penalties. However, some forms of criminal trespass may merely be regarded infractions and punished with a nominal fine, but other forms may be prosecuted as felonies.
Criminal charges for aggravated trespass are common. This entails making physical harm threats and breaking into someone’s house or place of business without their consent. For instance, if an ex-husband made threats against his ex-wife and then unexpectedly showed up at her office, that may be considered aggravated trespass. The potential sentence for this crime ranges from 16 months to 3 years in prison.
A prosecutor in California must show three particular factors in order to prove the offense of trespass
It must be proven that you intentionally invaded someone else’s property, that you intended to specifically interfere with that person’s property rights, and that you actually did interfere with those rights. The allegation of trespass cannot stand if any one of the elements is not established.
Defense options to charges of trespassing
Depending on the specifics of the case, trespass accusations may be met with a variety of legal defenses. You can assess your case and see if any of these defenses apply to your particular circumstances with the assistance of an accomplished criminal defense attorney.
It will be a defense to the crime of trespass, for instance, if you have a legal right to be there. This would happen if you had the legal right to view a property even though the owner did not want you there. Similar to that, if the property owner gave you permission to be there, that information may also be used to your advantage.
An accomplished criminal defense attorney can assist you if you have been accused of trespassing or similar property crime. In partnership with you, Chambers Law Firm will vigorously defend you against all criminal allegations. Call 714-760-4088 or email dchambers@clfca.com right away to set up a free initial consultation or to learn more.
