Trespassing is most often charged as a misdemeanor offense.
We have all seen no trespassing signs. But what exactly does it mean to trespass? Can a person only be charged with trespassing when one of those signs is hung up on a property?
Under California law, criminal trespass is committed whenever a person enters or remains on another person’s property without permission or the right to do so. Trespass charges can arise in any number of ways. For example, if a person is banned from entering a store due to past behavior, and he or she enters anyways and causes a disturbance that disturbs other customers, that could be charged as trespass. Alternatively, if a person notices that a homeowner has an unused shed at the back of their property and sneaks into it, sleeping there for several nights, that is considering trespassing. These are just two potential examples of trespass — there are many other possible situations that could lead to criminal trespass charges.
Generally, California trespass is charged as a misdemeanor. Penalties include up to 6 months in county jail and/or a fine of up to $1,000. However, certain kinds of criminal trespass may result in infractions, with only small fines as penalties, while others may be considered felonies. Aggravated trespass is often charged as a felony. This involves threatening to injure someone physically, and then entering their home or workplace without permission. For example, if an ex-husband threatened to beat up his ex-wife, and then later showed up at her office without permission, that may be charged as aggravated trespass. This crime can result in a jail term ranging from 16 months to up to 3 years.
To prove the crime of trespass, a California prosecutor must demonstrate three specific elements:
- That you willfully entered someone else’s property;
- That you had the specific intent to interfere with that person’s property; and
- That you actually did interfere with that person’s property’s rights.
If each element is not proven, then the charge of trespass cannot stand.
There are many potential legal defenses to trespass charges, depending on the facts of the case. A skilled Riverside criminal defense attorney can help you evaluate your case and determine if any of these defenses apply to your specific situation. For example, if you had a legal right to be on the property, then it will be a defense to the crime of trespass. This may arise in situations where you had a right to inspect a property — even if the property owner did not want you to be there. Similarly, if you had consent from the property owner to be there, this fact can also be used as a defense.
If you have been charged with trespass or another property crime, an experienced Riverside criminal defense attorney can help to defend you. The Chambers Law Firm will work with you to aggressively defend you against all criminal charges. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or to learn more.
