The offense requires some level of intent.
While the idea of “trespassing” may seem straightforward, the reality is a bit more complex. Under California law, just entering someone else’s property without their consent is generally not enough to be charged as a crime. Instead, you generally have to have some level of intent to be charged with criminal trespass.
Imagine a situation where you cut across your neighbor’s yard when chasing after your dog. Did you commit criminal trespass? Probably not. According to a skilled criminal defense attorney San Bernardino, CA, there are dozens of potential situations for which you could potentially be charged with criminal trespass under the California penal code. The most common examples include situations where you are on someone’s property when you should not be.
For example, if a property owner specifically tells you to leave his or her property, and you refuse to do so, you might be charged with criminal trespass. Similarly, if a police officer tells you to leave and you refuse, that might lead to a criminal trespass charge.
Another way that you might be charged with criminal trespass is if you enter someone else’s property with the intent to do something that you should not be doing, such as harm the property in some way, or collect or carry away some items that are present on the property. For example, if you go onto someone’s property without permission to cut down trees to use for firewood, that could be considered criminal trespass under California law.
Criminal trespass is charged as either a misdemeanor or an infraction, depending on the severity of the actions taken and the facts of the case. If it is charged as an infraction, it may result in a $100 fine. If charged as a misdemeanor, it may lead to up to 6 months in jail and/or a fine of up to $1,000.
In addition, if you make a credible threat of bodily harm and then enter the property of the person that you threatened within 30 days of making that threat — with the intent to carry out that threat — you could be charged with aggravated criminal trespass. As an experienced criminal defense attorney San Bernardino, CA can explain, this crime may be charged as either a felony or a misdemeanor based on the facts of the case. For a felony offense, the consequences may include up to 3 years in prison and/or a fine. For a misdemeanor, the penalties may include up to 1 year in county jail and/or a fine of up to $2,000.
While simply walking onto another person’s property will not likely lead to criminal trespass charges, there are a variety of actions that may result in this California criminal charge. If you have been charged with criminal trespass or any other California criminal offense, you will need a skilled Criminal defense attorney San Bernardino, CA. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or to learn more about how we can help.
