Entering another person's property without their permission or authorization is known as trespassing. However, criminal trespassing is not solely limited to being in places where you are not allowed to be. It can also involve other acts, such as placing offensive pamphlets on someone's door or playing loud music without permission.

Criminal trespassing is considered less serious than aggravated trespassing, as it carries shorter jail terms and smaller penalties. To differentiate between aggravated trespass, which carries harsher penalties, and regular criminal trespass, which leads to less severe consequences, it is crucial to consult with expert legal advisors. If you have been charged with aggravated trespass in Bakersfield, California, do not hesitate to contact the California Criminal Lawyer Group for expert legal assistance. We can help craft a solid defense strategy that could have your charges reduced or dropped altogether.

California's Legal Definition of Aggravated Trespass

Trespassing is often dismissed as a minor offense with little consequence for the person responsible. However, it is important to note that trespassing is indeed illegal, especially in cases of severe trespassing. While unauthorized entry onto someone else's property is typically treated as a misdemeanor, there are certain circumstances where the court may elevate the offense to a felony, or consider related conduct as a felony as well.

Walking onto someone else's property without permission, knowing that they won't allow you to enter or approach them, is considered trespassing. Trespassing becomes a serious crime when there are threats or a risk of physical harm involved.

The provisions of California PC 601 prohibit aggravated trespassing. According to this legislation, aggravated trespassing is defined as threatening bodily harm to another person and then breaking into their house or place of employment without their consent. As this violation is more serious than a typical trespassing case, the court will treat it with the appropriate seriousness. An individual convicted of aggravated trespassing is considered a criminal rather than a minor, and they will face substantial fines, a lengthy prison sentence, and other consequences.

Let's review the elements of aggravated trespass to help you better understand its legal definition. For the defendant to be convicted, the prosecution must prove certain facts in court beyond a reasonable doubt. These facts are as follows:

  • The perpetrator made a real and convincing threat to physically harm someone
  • The person making the threat intended to instill a legitimate and reasonable fear in the target for their safety or the safety of a close relative
  • The perpetrator unlawfully entered the victim's home or place of employment without authorization and intended to carry out their threat within 30 days of issuing a credible threat
  • The perpetrator was fully aware that they had broken into the residence or place of business of the person they had threatened. Furthermore, they attempted to locate the victim without any valid reason

It is important to note that to establish the defendant's guilt for an aggravated trespassing charge, the court does not require the prosecution to prove that the defendant acted with malice. Furthermore, if the defendant visited their residence, place of employment, or personal property after making the threat, they may not be found guilty. The trespass must occur at the victim's home, place of employment, or actual property.

To gain a better understanding of how the prosecution is charging this case, let's review each component.

Credible Threat

According to California PC 601, an individual cannot be charged under this statute unless they have made a serious threat. A plausible danger could be:

  • One that truly causes the other person to worry about their safety or the safety of their immediate family
  • One that gives the impression that the defendant is capable of actually carrying it out

When a threat is made solely through direct speech, it may not be inherently credible. However, threats made through written or electronic communication can also be utilized as a means of harm between individuals. The credibility of a threat can be inferred by examining the defendant's behavioral patterns or by considering the alignment of their actions with their statements.

Threat of Serious Physical or Bodily Injury

Under this rule, an individual will only face prosecution if the threat they made resulted in significant physical harm to another person or members of their immediate family. In this context, "serious bodily damage" refers to a significant deterioration in the physical condition of the target of the threats.

A person who has undergone significant physical trauma may have experienced a concussion, loss of consciousness, broken bones, or the loss of a bodily organ or its functions. They may have also sustained severe injuries that required extensive stitching or even resulted in severe disfigurement.

Reasonable Fear

According to the law, the other party must have experienced reasonable fear upon receiving a credible threat. In this context, reasonable fear refers to the sincere belief of the victim that the defendant intended to physically harm them or their immediate family members. The challenging aspect lies in establishing the criminal's intent to instill such fear in the victim. The court will need to carefully consider the unique facts and circumstances of the case before reaching a decision.

For the court to render an appropriate decision in this case, it will take into account the following factors:

  • Verbal communications that the victim has received from the defendant
  • His or her behavior
  • Whether anybody other than the accused and the victim was present when the perpetrator was making the threats
  • The threats had a significant impact on the victim's response
  • Whether or not there is a link between the defendant and the victim
  • Whether there had been prior interactions between the two or not

Protection for Oneself or Family Members

If someone causes another person to fear for their safety or the safety of a close family member, they can be charged with aggravated trespassing. According to this law, "immediate family members" may include any of the following:

  • A spouse, parent, or child
  • Grandparents, their grandkids, their siblings, or any other blood or marital relations
  • A person who frequently visits or stays in their home is commonly referred to as a resident or a frequent visitor

If you find yourself facing charges of aggravated trespass, it is important to seek the assistance of a skilled criminal defense lawyer. They can help you determine if your charges meet all the necessary conditions and explore your available alternatives. A professional lawyer has the power to persuade the court to drop or reduce your charges. By doing so, you can avoid the serious consequences that come with a criminal conviction.

Penalties for California Aggravated Trespass Charges

A violation of California PC 601 is considered a wobbler, meaning that it can be charged as either a misdemeanor or a felony by the prosecution. The decision on how to charge the defendant will depend on factors such as the circumstances of the offense and the offender's criminal history, which will serve as the foundation for the prosecutor's decision.

If the court finds you guilty of misdemeanor aggravated trespass, the following penalties are likely to be imposed upon you:

  • Summary or misdemeanor probation
  • Imprisonment for a maximum of a year
  • Fines that do not exceed $2, 000

Once again, if you are convicted of a felony, the court is likely to impose the following punishments upon you:

  • Formal or felony probation
  • Three years in prison
  • Fines of no more than $10,000

Unfortunately, if convicted, the accused may face additional punishments beyond those mentioned above. In California, aggravated trespassing carries several additional adverse consequences. That is why it is crucial to seek legal assistance to defend against the charges, intending to have them dropped or avoid a conviction altogether.

Implications for Immigration Status

As an illustration, aggravated trespassing is a criminal offense that carries significant repercussions for immigration. Under the immigration regulations of the country, if you are found guilty, your immigration status may be affected, potentially leading to deportation for non-citizens.

Your eligibility to enter the country may also be affected by any convictions on your prior record. California law identifies certain offenses that are considered grounds for inadmissibility or deportation. Among them are the following:

  • Crimes of moral turpitude
  • Offenses involving the use or misuse of prohibited substances
  • Aggravated felony crimes
  • Crimes involving the use of weapons
  • Crimes involving domestic violence

If the court considers the facts of your case and finds you guilty of an aggravated felony, the conviction will be included in the list of aggravated crimes mentioned above. As an immigrant, it is important to be aware that such a conviction can harm your immigration status.

Effects on the Right to Bear Arms

Similarly, aggravated trespassing is a crime that could potentially restrict your access to firearms. This ultimately depends on whether you are convicted of a felony or misdemeanor by the court. California law prohibits the following individuals from purchasing or owning a gun:

  • Individuals from any part of the nation who have criminal charges on their records
  • Individuals who suffer from drug addiction
  • Individuals with multiple convictions under PC 417, which prohibits the act of brandishing a firearm
  • Individuals who have experienced mental illness
  • Individuals facing sentences for certain offenses, such as spousal abuse, as stated in California PC 273. 5

Children under the age of 18 should be aware that anyone under the age of 21 is not permitted to acquire a firearm. Due to this reason, if someone is convicted of a felony for aggravated trespassing, it can have an impact on their right to possess firearms. If they already own a firearm, they are legally obligated to surrender it.

Expungement of California PC 601 Conviction

Your primary objective should be to seek the dismissal or reduction of any serious trespassing accusations if you are facing charges in California. If these efforts prove unsuccessful, you should explore the possibility of having your conviction permanently expunged from your criminal record. This will ensure that the sentence does not negatively affect your future employment opportunities.

Fortunately, California law permits individuals convicted of this misdemeanor to request the removal of this record from their criminal record. However, for the court to place them on probation, he or she must have fulfilled all of the requirements.

In California, expungement is governed by PC 1203. 4. This legal process absolves individuals of any future repercussions related to their conviction. Once your criminal record has been purged, it will no longer be accessible to the public. Additionally, you will not be required to disclose your conviction to prospective employers.

However, a person's felony or misdemeanor conviction cannot be removed from their record by a court until they have completed their probationary period. If you are not currently on probation, facing new charges, or serving a sentence for a previous conviction, you may also be eligible for expungement.

 The expungement procedure can start as soon as the offender completes his or her jail sentence or the duration of his or her court-mandated probation.

Legal Defenses for California Aggravated Trespass Allegations

If you are charged with California aggravated trespassing, you do not have to be found guilty. It is within your legal rights to engage a criminal defense attorney who can assist you with your case. By taking this step, you can potentially avoid hefty fines and the negative consequences mentioned earlier.

An expert defense lawyer can employ several tactics to forcefully refute your accusations and persuade the judge to drop or reduce them. Some of these defense tactics include:

The Threat Was Not Realistic

For a threat to hold legal significance, it should be perceived as a genuine and credible danger by the target. If it can be demonstrated that the threat was not reasonable, the defendant may be acquitted of all charges. Your attorney will utilize this information to convince the judge that, although you made a threat, it was not intended to be serious or believable. You could have made a lighthearted remark without any intention of carrying it out.

The jury will carefully consider the facts of your case to determine the credibility of the threat, rather than simply accepting the defense's assertions. If there is a possibility that the threats made were not serious and the criminal lacked the means to carry them out, the court may be compelled to withdraw the charges.

No Attempt Was Made To Instill Fear

One of the requirements for convicting someone of this crime is that the individual must have the intent to instill terror in others. If you can demonstrate that you had no intention of making the other person fear for their safety or the life of a loved one, you could be cleared of all charges. For example, when someone jokes or threatens another person, they never mean to genuinely make them afraid. If this is the case, you will not be found guilty of severe trespassing.

Even if you are accused of threatening someone, it is essential to employ defense tactics to persuade the jury or judge that your intention was not to instill fear in them. A skilled criminal defense attorney can help undermine the prosecutor's case and convince the court that the accused person's motives may not align with what the prosecution claims.

There is No Intent to Carry Out the Threat

The mere threat of a crime does not amount to an act of aggravated trespass. For the threat to be carried out, the perpetrator must physically visit the victim's house or place of employment. According to California PC 601, the perpetrator would not be considered guilty if the act had not occurred.

For instance, let's consider a scenario where two individuals disagree and one of them threatens the other. The person who made the threat may choose to follow the victim to their place of employment or residence to apologize and resolve the conflict. However, it should not be assumed that the defendant intended to carry out the threat simply because they entered the victim's house or workplace without permission.

To use this tactic, your lawyer should convince the jury of your good intentions when you visited the house or place of employment of your victim. If you showed up armed or behaved in a way that suggested you were prepared to fight, it would be assumed that you intended to carry out the threat.

Crimes Related to Aggravated Trespass

Aggravated trespass is associated with three California charges. In certain instances, these charges are prosecuted alongside or in place of aggravated trespass. The three offenses are as follows:

California Trespass

California PC 602 prohibits trespassing. This legislation defines trespassing as entering or remaining on someone else's property without their consent. If found guilty of this charge, it is typically classified as a misdemeanor, carrying a maximum prison term of six months and a maximum fine of $1,000.

California trespassing can happen in various circumstances, ranging from rare occurrences to more common situations. If you are facing trespassing accusations, it is highly beneficial to collaborate closely with a skilled criminal defense lawyer. They can help you organize a compelling defense to persuade the judge that you were not intruding.

Your lawyer can employ a variety of defensive tactics, including:

  • You have the legal right to be there
  • You are authorized to enter and stay on the property by the owner or owners

There was no proof that the aforementioned land was private. It's possible that there was no signage or that the landowners had not fenced it. It's important to remember that if the property in question is public, you cannot be charged with criminal trespass.

California Burglary

California PC 459 prohibits burglaries. According to this legislation, burglary is defined as entering someone else's house, place of business, or place of employment with the intent to steal or commit a crime. It is important to note that entering the mentioned structure is a prerequisite for this offense. Even if no theft or crime occurs, you can still be held accountable under this law.

California burglaries are classified into two categories:

  • First-degree
  • Second-degree

First-degree burglary refers to entering another person's house with the intent to commit a serious crime, while second-degree burglary involves breaking into a place of business or any other structure that is not someone's house.

First-degree burglaries are always considered felonies and carry a maximum prison term of four years. Second-degree burglaries, on the other hand, are often classified as wobbler crimes, which means the perpetrator can be charged with either a misdemeanor or a felony. If convicted of a felony, the maximum punishment is three years in jail. However, a misdemeanor conviction typically results in a less severe sentence of up to one year in prison.

Criminal Threats

As stated in California's PC 422, issuing criminal threats is illegal. If someone threatens to harm or kill another person, it is considered a criminal threat. For the threat to be considered criminal, it must be plausible enough to cause genuine fear for the safety of the person or their immediate family. Criminal threats can be made verbally, electronically, or in writing, similar to threats in cases of criminal trespass.

The crime of making criminal threats is often considered a wobbler, meaning that the prosecution has the discretion to charge it as either a misdemeanor or a felony. In addition to other serious consequences, a felony conviction can carry a potential jail sentence of up to four years.

Contact a Bakersfield Criminal Defense Attorney Near Me

If you are facing charges of aggravated trespass, it is important to be aware of the potential consequences. Seeking the guidance of a knowledgeable criminal defense lawyer is highly recommended. They can protect your rights and build a strong defense on your behalf. A reliable defense lawyer can assist you in understanding the allegations against you, navigating the court system, and devising a winning strategy for your case.

Our skilled criminal defense lawyers at the California Criminal Lawyer Group in Bakersfield can assist you in defending your rights and potentially reducing the severity of the allegations against you. Call us at 661-750-8230.