Trespass

The Los Angeles Criminal Defense Law Firm is a reputable firm that defends various criminal cases in the Los Angeles area. The firm has a tremendous record of a high number of clients' satisfaction ratings.

The attorneys for the firm are well-versed in the California criminal law and can handle all types of trespassing accusations for their clients. If you are charged with trespassing, a Los Angeles criminal attorney can argue in your defense.

Best of all, an attorney arguing in your defense can help amount to lesser charges on your conviction, thus preserving your society's reputation.

What Qualifies for Trespassing Under California Law?

The California penal code sections of 601 and 602 define trespassing or criminal trespass as the act of entering into someone's property without their consent or permission.

There are several ways where criminal trespassing could happen. For example, you are technically a "Trespasser" if you happen to go to a hotel or restaurant with the intention of causing disturbances that would drive away customers.

According to California law, business owners carry out their daily business chores with implied consent that anyone can enter their business premises and engage in everyday business transactions. Still, the same doesn't apply to people who come to obstruct others as well as the business's daily operations.

Under the penal code 602, trespassing law also applies to any person who fails to leave a guest room after refusing to pay or if they fail to leave a public property or facility after it is closed.

Another good example where trespassing law applies is in a situation where someone enters private premises like a sales store and start engaging buyers about the store's use of non-union employees.

Because such an act is a direct intent to interfere with someone's daily business in the sales store, security guards ask the intruder to leave the premises.

However, the intruder refuses to leave and continues to engage with buyers. In this situation, he could be charged with trespassing under California code 602. While he had implied consent to enter the business premises, he also interfered with the business's daily running and had also refused to leave. In other words, consent doesn't exist anymore in this situation.

Moreover, there is a less common felony crime under the trespassing California law, usually referred to as "Aggravated trespassing."

Aggravated trespassing is covered under the California penal code section 601, which is a particular act of trespassing that happens when you make a significant threat or lead to serious bodily harm with the intention of making the victim fear for their safety. After about thirty days after your initial threat, you can enter their premises or business place without their consent.

In simple put, you use your initial act of power to harass them and do anything to them and their properties without their consent. Let's dive into details at the legal definitions, legal defense strategies, related offenses, and possible penalties of criminal trespassing below:

Legal Definition and Understanding of Trespassing Under the California Penal Code 602

Under the California penal code section 602, a variety of behaviors are described that could be considered a trespassing criminal offense. The most common instances where you could face the law under this section includes:

• You enter into someone's premises without consent

• You refuse to leave someone's property after being calmly asked to

• You enter to a property with the intentions of causing interferences

• You enter into a premise with intentions of causing damages

• You refuse to leave a guest room or hotel and fail to pay or comply with their rules

• You enter or passed through a restricted or closed public property

For someone to be convicted for criminal trespassing, prosecutors need to be able to prove all the elements of the accusation.

According to the Penal code 602, the section is covered by two different California Criminal Jury instructions. The Calcrim 2930 deals explicitly with trespassing accusations to cause interferences to businesses, and the Calcrim 2931, which deals explicitly with unlawfully occupying someone's premises without consent.

According to the California law under the Calcrim 2930 section of penal code 602, a trespasser is charged with causing interferences to businesses following the below steps:

The defendant is charged with criminal trespassing after making threats that violated the penal code section 601{a}.

To prove that the trespasser is guilty of their accusation, the people must prove the following:

• The accused made threats to cause serious bodily harm to another individual

• The defendant made threats to place others in reasonable fear for their lives, safety, or cause fear for their immediate relatives.

Within thirty days of making their initial threats, the accused unlawfully entered to the threatened person's home or business premises without their consent with the same intentions of carrying the same threats to their target.

Within thirty days of making threats, the defendant again unlawfully entered the threatened person's workplace, knowing that the place they entered belongs to the person they previously threatened and tried to locate that person without lawful intentions and carry the same threats again.

As such, according to the California law penal code 602 and under the Calcrim 2930 jury instructions, a credible threat is one that:

Causes the target to reasonably fear for his or her safety or the safety of his or her immediate relatives or family members

A credible threat can be in different forms, such as orally, electronically, written, or be implied by a pattern of conduct of a combination of behaviors and words.

A credible threat can be a serious bodily harm that leads to impaired condition. Such injuries can lead to loss of consciousness, results in concussions, fractures, and more.

According to the California law penal code 602 under the council of California criminal jury instructions Calcrim 2931, the trespasser is charged in violation of the penal code section 602{m}.

To prove that the accused is guilty of their criminal trespassing crime, the people must approve that:

• The accused willfully entered building, land, or belonging to someone else without the owner's permission or the owner's agent or the individual in lawful possessions of the premises or property.

• After the accused entered, he or she occupied the building or the land without the owner's consent, the owner's agent’s consent, or the permission of the lawful person in possession of the property or land.

• The defendant or accused occupied some part of the building or land continuously until removed.

• When a person commits an act willfully and when they do it willingly or on purpose, knowing that it is against other people will or could harm someone's interests.

Both the California Calcrim 2930 and Calcrim 2931 have similar factors that should or must be proven, such as:

• You willfully trespassed by entering on someone else's land or property

• You had initial intentions of causing interferences with other people's businesses or willfully intended to obstruct or damage other properties

• You intended and interfered or obstructed others rights

• You committed all the above acts without consent or the owner's permission. In most cases under the California law, trespassing under the penal code 602 is considered a misdemeanor crime.

As such, a misdemeanor refers to a criminal act that is less serious compared to a felony but is considered more serious compared to an infraction, which refers to the violation of a law or an agreement.

Most of all, misdemeanor offenses are generally publishable by fines and incarceration in your local county jail cell, unlike felonys that are publishable by prison time.

The Legal Definition of California Law Aggravated Trespassing Under the Penal Code 601

Under the California law and penal code section 601, aggravated trespassing or the commonly called "Felony trespass" is legally defined as:

Anyone is guilty of termed as a "Trespasser" when he or she makes a credible threat that causes serious bodily harm or injury to another individual with the intentions of placing them in reasonable fear of their own or family and within thirty days of their initial threat, the person again unlawfully enters the home, property, or workplace of the threatened individual to carry it out.

Moreover, the credible threat in this sense can be made verbally, through electronic means of communications like text messages or emails, in writing or could also be implied by showing patterns of behavior.

According to the California penal code 601, aggravated trespassing can be charged as a felony act that carries harsh penalties and consequences.

Penal code 601 aggravated trespass claims in Los Angeles count are often filed in connection to other offenses like stalking and domestic violence.

For a defendant to be convicted under the California law, penal code 601 aggravated trespass accusation and charges, the prosecutor in charge must be able to prove without reasonable doubt that all the elements of the offenses are listed under the California law Calcrim 2929 council of the criminal jury of instructions.

The elements of the crime to be listed under Calcrim 2929 include the most vital factors that you threatened someone of severe body injuries and placed them in fear of their safety, and within thirty days, you again entered their premises to carry your threats out.

As such, aggravated trespassing is referred to as a wobbler, which means the prosecutor is eligible to file the charges as either a felony offense or a misdemeanor.

When this happens, your charges are made depending on the case's circumstances, along with your prior criminal records.

Possible Penalties and Punishment for Trespassing Under the California Law

Although most trespassing cases under the penal code of California law are treated as misdemeanor offenses, there are penalties and punishment that comes handy with these acts. Such penalties are:

If you are convicted, you could be sentenced to up to six months in jail or charged a fine of up to $1000. Next up, there is a summary probation to the court following the judge's probation conditions he may have deemed necessary.

Are There Legal Defense Strategies for Misdemeanor or Aggravated Trespass Offenses?

If you are accused of either a misdemeanor or aggravated trespass accusations, you can try to beat your felonies by raising legal defense strategies. Even better, presenting an excellent legal defense strategy can help you reduce your charges or entirely dismiss your case altogether.

There are three common legal defense strategies to penal code trespassing whether you are accused of aggravated or misdemeanor trespassing offenses such are:

• There were no credible threats in your actions

• You had no intentions of causing fear against someone's own life or their immediate family

• You had no intentions of carrying out the threat

No Credible Threat Intentions

If you recall that the accused is only guilty under the California law and under the penal code section if he or she made a credible threat that led to serious bodily harm.

Therefore, to defend yourself, you have to show that while you may have made a threat, you did not intend to make it serious or credible.

For example, you could say you offended or threatened someone when you were joking.

No Intentions of Causing Fear

Similar to the prior defense strategy, here, you, as the accused, would argue that while you may have made a threat, you did not mean for that threat to cause fear.

For instance, you could say you threatened to tickle the other person and caused fear unintentionally.

No Intentions to Carry Out the Threat

Under this statute, you, as the defendant, will only be found guilty if you are proven to have gone to the victim's premises or workplace with intentions of carrying out your threat.

Because of this, there is always a chance to raise a legal defense strategy to show that you did not act with requisite intentions.

For example, you can say that you only went to the victim's residence or workplace intending to apologize to them.

Are There Immigration Consequences on Trespassing Offenses?

According to penal code 601, a conviction may result in negative immigration consequences.

However, it is wise to note that certain California criminal convictions may lead to non-citizens being deported with immediate effects under the United States immigration laws.

Consequently, some convictions may result in an immigrant becoming inadmissible.

When it comes to categories of inadmissible and deportable consequences, crimes that lead to that are:

• Aggravated offenses

• Controlled drug or substance abuse crimes

• Firearm crimes and domestic violence offenses

Can I Get an Expungement From Trespassing Offenses?

Also called an expunction, an Expungement refers to a court-ordered process where the legal record of an arrest or a criminal conviction gets sealed or erased in the eyes of the law.

When this happens, the process is also called setting aside a criminal conviction.

If you are convicted of an aggravated trespassing, you are entitled to an Expungement if you successfully complete your probation terms and conditions.

According to the penal code 1203.4, a set aside criminal conviction releases a person from virtually all the penalties and disabilities that arise from the conviction. The one benefit of an Expungement is that the conviction does not need to be disclosed to your potential employers.

As a California law rule of thumb, the penal code 1230.4 does authorize an Expungement for a felony crime or misdemeanor offense if the applicant has:

• Successfully completed his or her probation

• If not currently charged with any other criminal offense or serving any sentence for a crime or on any probation for any crime as well.

Is My Gun Right Affected If I'm Convicted of an Aggravated Trespass Crime?

If you are convicted for trespass felonies, your gun rights are automatically affected. Moreover, under the California law, the following people are generally prohibited from possessing and acquiring a gun:

• Anyone convicted of any felony crime.

• Drug and substance abusers

• Individuals with two or more convictions under the penal code 417 PC, California law which is against brandishing weapon

• Individuals convicted of specific misdemeanor crimes like the conviction of penal code 273.5 laws which is against corporal injuries on spouses

• Individuals who have mental illness and persons less than 18 to 21 years

Because trespassing can be charged as a felony or misdemeanor, if you are convicted of any, it means you will give up on your gun ownership and its possession rights.

Are There Any Offenses Related to Trespassing Under the California Law?

According to the California law penal code 602, offenses related to trespassing criminal offense are:

Domestic Battery

Domestic battery or violence refers to an overreaching problem that is consisted of different criminal charges under the California law on the penal code 243 {e} 1.

The right definition of this term is a form of abuse that is committed against a current or former spouse, or any other intimate spouse such as a boyfriend, girlfriend or fiancé and someone you live with, or you have lived with previously or you share a common relation in marriage or through blood and have a child with.

The crime is categorized as an intentional or reckless attempt to cause bodily harm, threaten or cause sexual assault.

Based on the California law, domestic battery is also known as a spousal battery. It is the least serious of crimes under the California law because mostly, these crime injuries don't need to be presented for the accused to be convicted.

Under the California penal code 242, battery is an act of willful and unlawful use of violence and force on another individual.

Physical injury or contact is not needed to press charges on domestic battery offenses. As simple as giving a threat of any form of abuse can lead to criminal charges. Domestic battery is also mostly considered a misdemeanor offense that is punishable by up to six months in jail or a fine of up to $2000.

The legal definition of domestic battery or violence is treated as a broad term meaning your sentencing depends on certain factors.

For instance, battery crimes against projected individuals like firefighters, paramedics, or police may lead to longer jail terms of up to one year and above.

Moreover, if your battery offense records any actual serious bodily harm, you could face a prison time that is not predictable.

Corporal Injury to Spouse

According to California law penal code 273.5, corporal injury to a spouse is a serious crime under the domestic offense section of criminal offenses.

Unlike a domestic battery, where the accuser does not need to present any bodily harm, corporal injury offenses must demonstrate an actual injury.

Criminal Threats

Under the California law penal code 422, criminal threats happen when you threaten to harm or kill an individual physically. As such, that person is thereby placed in a state that leads to fear of their safety and that of the immediate family.

Burglary

Under the California law penal code 459 and the Los Angeles County, Burglary is defined as the unlawful entry of someone's premises, either a home or workplace, to commit a crime, especially stealing.

Vandalism

Under the California law and on the penal code 594, vandalism is defined as an act of deliberate damage or destruction of a personal or public property.

Stalking

Lastly, trespassing under the California law and on penal code 646.9, stalking is referred to as unwanted and repeated surveillance of an individual or group towards another person.

Finding a Los Angeles Criminal Defense Lawyer Near Me

If you or your loved one is charged with a trespassing crime, you need a criminal defense lawyer who will aggressively fight the allegations.

Our LA criminal defense law firm has attorneys who have been practicing law for years and have successfully handled many kinds of trespassing crimes.

Moreover, remember that a trespassing crime on your record can result in significant consequences that can harm your entire livelihood in terms of reputation and employment matters.

Considering what we can do for you, our attorneys are well-versed in defending trespassing crimes in Los Angeles and can tremendously argue in defense of the accusations against you.

Reach out to our firm immediately by calling 424-372-3112 and receive a free consultation.