How Does California Define Trespassing?

California defines trespassing more broadly than the traditional idea of sneaking onto someone else’s property. While entering onto land that is not yours is one way to commit trespassing, so is remaining in a public space – like a shop – after being asked to leave.

In California, trespassing can be charged as a mere infraction, a misdemeanor, or even a felony in some situations. The difference in penalties can range from a small fine to years in jail.

Entering Someone Else’s Property as Trespassing

California law include tens of ways someone can commit the crime of trespassing. One of the most common ways you can be guilty of trespassing is by entering someone else’s property without permission.

This can be as simple as an infraction, where you hop a fence onto someone else’s land without their permission. However, it can also be a misdemeanor if you enter with the intent of occupying their property. For example, if you jump the fence as a prank and quickly retreat, you likely only committed an infraction. However, if you mean to camp on someone else’s land overnight without their authorization, you could face jail time.

As an infraction, you will only face a $75 fine for a first-time trespassing offense. Misdemeanor trespass carries more severe penalties, such as up to six months in jail and a $1,000 fine.

If you intend to damage the property or end up causing any interference with the owner’s use of the land, you will face misdemeanor charges.

Trespassing by Refusing to Leave Property

In addition to entering someone else’s property, you can commit trespassing by staying somewhere once you have been asked to leave. Even if you had a legal right or permission to enter a space in the first place, remaining could be seen as illegal.

Imagine you are shopping at a store. You enter during regular business hours and are legally allowed to browse the aisles. However, if you begin to make a disturbance or start causing a scene, you could be asked to leave. Once a security guard or employee asks you to remove yourself from the store, if you continue to interfere with the store’s business or sit down and refuse to move, you are trespassing.

Even when you initially have the right to be somewhere, that right can be revoked by a property owner or their agent. The same is true if you are at a party and a host asks you to leave. Remaining without permission is typically a misdemeanor, with up to six months in jail.

California’s Aggravated Trespassing Law

Finally, California more harshly penalizes any trespassing that follows up a threat. Known as aggravated trespassing, this charge can carry felony punishment, including up to three years in jail. You commit aggravated trespass if you:

• Credibly threaten another individual with serious injuries.
• Intend the threat to cause fear for the safety of the other individual or their family.
• And within thirty days of making the threat, enter that individual’s property or place of employment intending to carry out the threat.

Aggravated trespass is not merely a property crime, as it also affects public safety. Therefore, the law allows prosecutors to charge either a misdemeanor or felony, depending on the severity of the offense.

Were you charged with trespassing in Newport Beach, California, and need a skilled criminal defense attorney? Reach out to Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule a no-obligation consultation.