Trespassing can be defined as entering an owner’s land or property without permission. In some cases, trespassing becomes aggravated trespassing when you threaten to injure someone physically prior to entering their home or work place without permission.

Because of the different types of trespassing, there are both criminal and civil trespassing laws. California Penal Code 602 PC, or California trespass laws, set out several different situations in which an offense of trespass may take place. If you are interested in learning more about the potential behaviors that can lead to criminal trespass charges, please contact our office and we can review this matter with you.

Penalties  

  • Certain trespassing charges may lead to misdemeanor penalties. Misdemeanor penalties for trespassing can lead to penalties of up to six (6) months in county jail and / or a fine of up to $1,000.00.
  • Certain trespassing may lead only to infraction charges, with penalties consisting of small fines.
  • Aggravated trespassing charges carry potential felony charges.

If you are facing trespassing charges, you are not out of luck. An experienced criminal attorney can help develop strategies and defenses that can be used against the charges you may be facing. If you need to discuss potential defenses, please contact our office as soon as possible. Some of the potential legal defenses that can be used to help protect someone against trespassing charges include, but are not limited to:

  • Having the right to be on the property;
  • Having received consent to be on the property;
  • The property was not fenced or signed off (this is a helpful defense for trespass as an infraction charge)
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