Trespassing occurs when someone unlawfully enters another person's property to interfere with or damage either the property or the owner's property rights. This involves taking actions that disrupt the property or the owner's rights. To be charged with this offense, you must both have the wrongful intent to cause harm to property or property rights and engage in actions that interfere with the owner's use of the property. These actions can result in potential criminal charges and penalties.

Call the Bakersfield attorneys at California Criminal Lawyer Group if you or a loved one are facing trespass charges. We will begin by assessing your case to determine the facts. Our assessment will include a thorough review of the circumstances surrounding the alleged trespass and the evidence the prosecution has to support the allegation. This will help us explore potential legal defenses we can use to secure the best legal outcome.

Trespass as Outlined Under California Law

Trespassing simply means going onto someone else's property without the right or permission to do so. Additionally, according to Penal Code 602, trespassing requires meeting certain specific criteria:

  1. Specific intent — Trespassing hinges on a deliberate intention to disrupt the owner's property rights or cause damage to the property itself. In other words, a person must knowingly and purposefully enter or remain on the property to do something that interferes with the owner's rights. This could include actions that impede the owner's use, possession, or enjoyment of the property.
  2. Actual interference or damage — To be considered trespassing, there must be substantial interference with the property or the owner's property rights, or there must be actual damage caused. Simply entering the property without permission is not enough. The individual must engage in actions that result in interference or damage.

These additional criteria make it clear that trespassing involves not just unauthorized entry but also a deliberate intent to disrupt property rights or damage the property, backed by actual interference or damage.

Penal Code 602 covers several actions that constitute trespassing offenses. Engaging in any of these actions could lead to charges under this statute:

  • Cutting down, injuring, or destroying timber or wood on another person's land — PC 602(a).
  • Carrying away timber or wood from someone else's land — PC 602(b).
  • Maliciously injuring or severing something attached to another person's property — PC 602(c).
  • Digging, carrying away or taking earth, stone, or soil from a city lot without permission — PC 602(d).
  • Digging, carrying away, or taking earth, stone, or soil from a city or townland recognized as a street, park, alley, or avenue without proper authorization — PC 602(e).
  • Damaging or destroying signs, notices, or signboards on property belonging to the state, individuals, or local government, including unauthorized postings or advertisements — PC 602(f).
  • Trespassing on lands where oysters or other shellfish are planted or grown and damaging marks, stakes, signs, or fences — PC 602(g).
  • Entering lands where animals are raised for human consumption, taking or damaging animals, and damaging signs or boundaries — PC 602(h).
  • Destroying fences on another person's land or leaving gates open without permission — PC 602(i).
  • Building fires on lands with posted "no trespassing" signs without written authorization — PC 602(j).
  • Entering lands with the intent to interfere with the owner's lawful business or occupation — PC 602(k).
  • Entering cultivated or enclosed lands without permission, refusing to leave when asked, and damaging signs or locks — PC 602(l).
  • Entering and occupying real property or structures without the owner's consent — PC 602(m).
  • Driving a vehicle on private property not open to the public without consent — PC 602(n).
  • Refusing or failing to leave land, real property, or structures upon the request of the owner, lawful occupant, or peace officer — PC 602(o).
  • Entering closed areas of airports, passenger vessel terminals, or public transit facilities where notices restricting access are posted — PC 602(p).
  • Refusing to leave a public building during closed hours — PC 602(q).
  • Knowingly skiing in secured areas of ski resorts — PC 602(r).
  • Refusing to leave motels or hotels after obtaining accommodations and refusing to pay — PC 602(s).
  • Entering private property after being informed not to by a peace officer and being convicted of a prior crime on that property — PC 602(t).
  • Entering restricted areas of airports, public transit facilities, or passenger vessel terminals without authorization — PC 602(u).
  • Intentionally avoiding security screening procedures at airports, public transit facilities, or passenger vessel terminals — PC 602(v).
  • Refusing to leave the location of a domestic violence shelter-based program after being requested to do so — PC 602(w).
  • Knowingly entering maternity wards, neonatal units, or birthing centers in clinics or hospitals without lawful business and if the area is posted with access restrictions — PC 602(x).
  • Intentionally avoiding security screening procedures when entering government buildings or courthouses if posted notices provide reasonable notice of potential prosecution for trespassing — PC 602(y).

Elements Prosecutors Must Prove

Based on PC 602’s definition of what constitutes a crime, you are only guilty of trespass if prosecutors establish the following elements beyond a reasonable doubt:

  1. You entered or remained on the property without the right to do so or the owner's consent — This element depends on the specific subsection of PC 602 under which the charge is brought.
  2. You had a specific intent to interfere with or damage the owner's property rights or the property itself — This means you knowingly and purposefully entered or stayed on the property to commit an act that disrupts the owner's property rights. Examples include interfering with the property's possession, use, or enjoyment.
  3. There is evidence of actual interference with or actual damage to the property or the owner's property rights. It is not enough for you to simply enter the property without permission. You must also engage in actions that result in interference or damage.

Penalties You Could Face if Convicted of Trespass Under PC 602

You could face varying penalties depending on the violation you are convicted of. You could face fines for an infraction and penalties for a misdemeanor violation.

  • Infractions

Your actions are deemed an infraction if you willfully entered another person’s land without permission and the land had a “No Trespass” sign or was fenced. Infractions attract the following fines:

  1. $75 for the first offense.
  2. $250 for trespassing on the same land for the second time.

  • Misdemeanors

Misdemeanors are punishable by the following penalties:

  1. A jail sentence of up to six months.
  2. A fine of up to $1,000.

Aggravated Trespass

Aggravated trespass is addressed under Penal Code 601. The law makes it a crime to issue a physical injury threat and then unlawfully enter someone's home or workplace. This offense includes the danger and the unauthorized entry into the residence or workplace.

Elements of the Crime

The jury will find you guilty of aggravated trespass if prosecutors prove the following elements are accurate:

  1. You must have made a threat credible enough to cause a reasonable person to fear serious bodily injury to themselves or their immediate family.
  2. You must have made the threat with the specific intent to make the threatened person reasonably fear for their safety or the safety of their immediate family.
  3. Within 30 days of issuing the threat, you must have unlawfully entered either:
    1. The residence or immediate adjacent real property of the person threatened, with the intent to carry out the threat and without a legitimate reason.
    2. The workplace of the person threatened, knowing it was their workplace. Additionally, you must have taken actions to locate the threatened person within the workplace without a valid purpose and with the intent to carry out the threat.

Note: PC 601 does not apply in these cases if the property unlawfully entered belongs to you. Further, prosecutors need not prove you acted willfully to prove a PC 601 violation.

Let us look at the three critical components of aggravated trespass:

  1. Credible threat — A statement, action, or communication that comes across as believable and has the potential to genuinely instill fear for someone's safety or the safety of their immediate family.
  2. Immediate family — These are an individual’s closest relatives. They include spouses, children, parents, and siblings.
  3. Reasonable fear — It is the feeling of apprehension or unease that a person experiences in response to a specific situation, threat, or circumstance. This fear is deemed "reasonable" when a reasonable person facing similar circumstances would react similarly by experiencing fear for their safety or the safety of others, particularly their immediate family.
  4. Serious bodily injury — Substantial physical harm with a significant risk to an individual's life or well-being. This injury includes severe damage beyond minor or surface-level harm. There are common attributes of serious bodily injury:
    1. They are life-threatening injuries.
    2. They can result in permanent disfigurement, scarring, or long-term disability.
    3. These injuries cause severe or prolonged physical pain, suffering, or impairment of bodily functions.
    4. These injuries cause harm to vital organs, for example, damage to the heart, lungs, or brain.
    5. They often require surgical procedures or medical interventions to address the damage.
    6. These injuries significantly impede a person's ability to perform ordinary bodily functions, like walking, seeing, or breathing.

Penalties You Could Face if Convicted of Aggravated Trespass Under PC 601

Aggravated trespass is a wobbler offense. You can face misdemeanor or felony charges, depending on the circumstances of your case.

If convicted of a misdemeanor violation, you will face the following penalties upon conviction:

  1. Up to one year in jail or
  2. A maximum fine of $2,000 or both.
  3. Summary probation instead of jail time.

If convicted of a felony violation, you will face the following penalties upon conviction:

  1. Up to three years in jail or
  2. A maximum fine of $10,000 or both.
  3. Formal probation instead of jail time.

Fighting Trespass Charges

Defending against a trespass charge involves various strategies to safeguard your rights and potentially reduce penalties or secure a dismissal of charges. Here are common defenses against trespassing allegations:

  • You Had the Right or Consent to be on the Property

You can contest a trespassing charge by showing that you had a genuine right to be on the property or that the owner explicitly permitted you to be there. This raises doubts about the crucial element of unauthorized entry required for a trespassing conviction.

When employing this defense, gathering evidence and relevant documents to substantiate your assertion of a right or consent to be on the property is crucial. Some of the evidence includes the following:

  1. Ownership docs — Prove ownership with deeds, titles, or related documents.
  2. Payment records — Include proof of payments like rent or fees.
  3. Lease agreements — If you were a tenant, provide lease agreements.
  4. Recorded agreements — Provide copies of recorded agreements like easements.
  5. Written consent — Show written permission from the owner, like letters, emails, or texts.
  6. Witness statements — Statements from witnesses who confirm your lawful presence.
  7. Photos — Pictures of you on the property with permission.
  8. Notices or signs — Photographs of signs indicating your right to be there.
  9. Correspondence — Share emails or letters discussing your access.
  10. Contracts — Share any formal agreements related to your presence.

  • You Did Not Occupy the Land or Property

You can also assert that you did not occupy the property as a defense. This strategy applies when the charge concerns occupying someone else's property without permission. Demonstrating that your presence did not substantially deprive the owner of property use or enjoyment can serve as a defense.

Remember, you are only guilty if the prosecution proves that your presence significantly disrupted the owner’s property's use or enjoyment over an extended period. Therefore, if you can prove that your time on the property was short-lived or had no adverse effect on the owner's property rights, the courts could decide not to hold you accountable for this trespass violation.

  • There Were No Signs or Fences

Trespassing under PC 602 can lead to an infraction charge if you enter the property without consent, especially when the property is:

  1. Fenced, enclosed, or
  2. Marked with "no trespassing" signs at specific intervals.

But you can have the charge dismissed by proving that:

  1. The property was not entirely fenced or enclosed, or
  2. Signs were not correctly posted in all required locations.

  • The Threat Was Not Credible

You can challenge aggravated trespass charges by asserting that the threat was not credible. In these cases, the prosecution bears the burden of proving that you issued a credible threat of causing serious bodily injury while intending to instill reasonable fear for the safety of the victim or their immediate family.

If we can present compelling evidence or arguments that undermine the credibility of the threat, it has the potential to introduce doubt into the prosecution's case. For instance, we can contend that the danger lacked specificity, was too vague, or was delivered in a manner unlikely to reasonably cause fear.

Note: This defense's effectiveness hinges on the case's unique circumstances and the strength of the evidence presented. Ultimately, whether this defense succeeds rests upon the judge's or jury's judgment as they assess the threat's credibility within the case's context.

  • You Had No Intentions to Carry Out the Threat

In aggravated trespass cases, the prosecution is tasked with proving that you made a credible threat to cause serious bodily injury. Additionally, he/she must prove that you intend to follow through with that threat.

In your defense, you can present compelling evidence that proves your lack of intent to carry out the threat. This will cast doubt on the prosecution's case and likely convince the jury to rule in your favor.

Protesting or Exercising First Amendment Rights on Another’s Property

If your actions disrupt a business while you are on their property without permission, it can lead to a trespassing charge. As addressed before, trespassing involves unlawfully entering someone else's property and, in some situations, interfering with their property rights.

Conversely, if your presence on the property does not disrupt the business, obstruct property, or violate property rights, you could have a robust defense against a trespassing allegation. However, you must demonstrate that your being there did not cause harm or inconvenience to the property owner's interests.

What if I Was Not Aware That I Was Trespassing?

If your knowledge of whether you were allowed to be on a property is uncertain, the argument that you did not act willfully may come into play. This is especially relevant in certain forms of trespassing where willfulness is critical.

Specific trespassing sections require prosecutors to demonstrate the presence of warning signs placed at specific intervals around the property to establish that you had reasonable notice of the prohibition against entry. It could strengthen your defense if these warning signs were lacking or inadequately positioned.

Offenses Related to Trespass

  • Burglary

Burglary involves entering various structures, whether homes, businesses or even locked vehicles, to commit crimes like grand or petty theft or any felony. Interestingly, forced entry is not always necessary for burglary charges to apply as long as the other elements of the offense are met.

Now, burglary is categorized into two types:

  1. First-degree burglary (PC 460(a)) — This section pertains to entering an inhabited dwelling, like a house or an apartment. It's considered a more severe offense and is classified as a felony.
  2. Second-degree burglary (PC 460(b)) — This section covers burglary of all other structures or spaces, for example, commercial buildings, storage units, or vehicles. Typically, it is treated as a felony, but in certain situations, it can be charged as a misdemeanor.

Penal Code 459 outlines the specific elements that form the basis of a burglary charge in California, all of which the prosecution must successfully prove:

  1. You physically entered a building, a room within a building, a locked vehicle, or some other type of structure.
  2. When you entered this property, you intended to commit either a felony or a theft.

Additionally, one of the following conditions must apply:

  1. The property you either stole or intended to steal had a value exceeding $950.
  2. The structure you entered was not a commercial establishment.
  3. If the structure was a business establishment, you entered it outside regular business hours.

In burglary cases defined by Penal Code 459, you can be deemed guilty as soon as you enter a structure intending to commit a felony or theft. There is no requirement for the actual execution of the intended crime.

Penalties if Convicted of Burglary

Convictions for first-degree burglary are punishable by the following penalties:

  1. Formal probation instead of prison.
  2. 2, 4, or 6 years in prison or
  3. A maximum of $10,000 or both.
  4. A strike on your record per California’s Three Strikes Law.

Second-degree burglary is a wobbler offense.

Misdemeanor convictions for second-degree burglary are punishable by the following penalties:

  1. Summary probation instead of jail time.
  2. Up to one year in jail, or
  3. A maximum of $1,000 or both.

Felony convictions for second-degree burglary are punishable by the following penalties:

  1. Formal probation instead of prison.
  2. Imprisonment for 16 months, 2 or 3 years, or
  3. A maximum of $10,000 or both.

Find an Experienced Criminal Defense Attorney Near Me

In a trespass case, attorneys' legal approaches can vary significantly based on the unique evidence and circumstances involved. Experienced attorneys well-versed in handling trespass cases will meticulously analyze all the specifics surrounding the alleged offense. This comprehensive review helps them determine the most effective and tailored legal strategy.

If you find yourself facing a trespass charge in Bakersfield, enlist the services of a seasoned defense attorney. Defense attorneys are crucial to safeguarding your rights and constructing a robust defense. The California Criminal Lawyer Group is dedicated to guiding you through the intricate legal process, ensuring your best interests are vigorously represented.

You do not have to face trespass charges alone. Reach out to us today to arrange a consultation and delve into the details of your case. With a demonstrated track record in handling trespass cases, we are committed to relentlessly securing the best legal outcome. Call us now at 661-750-8230 to secure the best legal representation to challenge trespass charges effectively.