Trespass

Trespass is not a petty matter but a significant property crime with serious legal repercussions. Trespass is the unlawful act of entering or remaining on another person’s property. It violates one of the primary rights, the right to privacy, and the peaceful use of personal property. Trespass may sound simple, but its legal definition is nuanced, with varying degrees of intent and circumstances that can elevate a civil offense into a criminal one. These complexities make navigating a trespass charge challenging without expert legal assistance.

The legal system can be very confusing when facing a trespass charge. At CCLG: Los Angeles Criminal Attorney, we specialize in property crimes and understand the finer details of these cases. We will defend your rights, negotiate with the prosecution, and build a strong defense to achieve the best possible outcome. The most crucial step is to hire an experienced attorney.

Understanding Criminal Trespass Under California Law

In California, criminal trespass is defined under Penal Code 602 (PC 602). A prosecutor should be able to demonstrate several elements of the crime beyond a reasonable doubt to obtain a conviction. Simply being on another person’s property is not enough. The prosecution will have to prove that you:

Voluntarily Entered or Remained

Voluntarily entering and remaining within the property is what makes an act intentional. “Willfully” means intentionally and voluntarily entering or remaining on the premises. This means your actions were not accidental.

For example, if you are hiking and accidentally cross onto private property, you are not acting willfully. However, when you cross a fence with a sign that says “No Trespassing,” you are. This element is about your mindset at the time of the alleged offense.

Entering or Being on Another Person’s Property

Entering or being on another person’s property is a simple component. The property has to belong to, be possessed by, or be under the control of another other than you. This may be a:

• Private residence
• Commercial premise
• Construction site
• Undeveloped land

The prosecution must prove that you did not own or have a co-ownership interest in the property.

Acted Without the Owner’s Consent

Acting without the owner’s consent is the most critical aspect. You must have lacked the express or implied consent of the property owner, tenant, or a person in authority to grant permission. An important aspect of this component usually deals with notice. In the case of a trespass conviction, the criminal prosecution must demonstrate that you knew you were not supposed to be walking through the property.

This notice could be given by way of:

• A “No Trespassing” sign
• A locked gate or fence
• An oral warning from the owner or their representative
• The property’s nature, like being a private residence or a restricted-access area

Specific Intent (in Certain Forms of Trespass)

Under specific intent, the law is more subtle. In most types of trespass that are prosecutable under PC 602, the prosecution must establish an extra element of specific intent. This means that you came into the premises or stayed in the premises with the purpose of:

• Interfering with business — This applies when you block or disrupt normal business operations. For example, suppose you are a protester and refuse to leave a business’s premises even after being requested. In that case, you are trespassing with this specific intent.
• Obstructing property rights — This includes tampering with land use, creating a nuisance, or causing a disturbance. It is about proving that you were not only present illegally, but that you meant to cause trouble.

Types of Trespass Under California Penal Code 602

The Penal Code 602 of California (PC 602) is not a simple law but a comprehensive statute with more than 30 subsidiary provisions that set forth the different types of trespass that may constitute a crime. Although all forms have the essence of forcible, not consensual, access to the property of another, they vary in the context of the intent, type of property, and nature of the offense. It is best to distinguish between these two because the penalties vary.

The following are the most typical types of trespass that may be charged against you under California law:

Entering With Intent to Damage (PC 602(j))

Trespass under PC 602(j) applies when you enter land or a building knowing that you intend to destroy or cause damage to some part of the property. This is a graver crime than a mere trespass, as the criminal act entails a sinister motive other than mere presence without authorization. For example, you may be prosecuted under this sub-clause when you intrude into an empty home and intend to spray-paint the walls or break windows.

Trespass to Property (PC 602(m))

Trespass under PC 602(m), often called squatting, occurs when someone occupies property without authorization. Unlike other types of trespass, this section is concerned not with entry but with remaining on the property and establishing a presence there, whether for a few hours or days. The most important thing is that you are stealing the property without legally having a claim to it.

Refusal to Leave a Business (PC 602(q))

This part concerns cases where you walk into a business or other public building to interrupt or hinder its operation and then decline to vacate after being requested by a business worker or a police officer. It is often charged against protestors, unruly patrons, or individuals who refuse to leave after being lawfully asked.

The intent to disrupt elevates this from a simple removal to a criminal offense.

The “Catch-All” Trespass (PC 602(o))

The “Catch-All” trespass is one of the most commonly used subsections. It applies when you are not allowed to leave private property and are requested by the owner, agent, or police officer. This includes cases where you may have been allowed to be on the property, for example, as a guest at a party, but were requested to leave at some point, and you refused.

It is not the first entry charged, but the deliberate refusal to leave when asked to do so legally.

Entering Land with “No Trespassing” Signs (PC 602(k))

Entering land with “no trespassing” signs is simple and what usually comes to mind when the term is mentioned. It is accessing property with well-marked signs that say “No Trespassing” or surrounded by a fence and a padlocked gate.

This section assumes that the observable signs or barriers provide adequate notice that you are not permitted to enter and that your willful entry is a crime. The prosecution is not required to show that a warning was issued verbally.

The Misdemeanor vs. Aggravated Trespass (PC 601)

Most cases of trespassing in California are pursued as misdemeanors under Penal Code 602, although a far more serious crime, aggravated trespass, applies under Penal Code 601 (PC 601). This difference is critical, as it can spell the difference between a few months’ stay in county jail and a multi-year imprisonment.

A standard trespass charge pursuant to PC 602 is nearly always a misdemeanor. However, aggravated trespass is a wobbler. That is, it can be either a misdemeanor or a felony, depending upon the circumstances of the case and the prosecutor’s discretion. The key distinction lies in whether you made a credible threat.

The prosecution should demonstrate two separate issues to convict you of aggravated trespass according to PC 601:

• You made a credible threat to cause bodily injury to another person with the motive of causing them a reasonable fear for their safety or the safety of their immediate family. An act that gives the target a valid reason to be afraid for their safety, and one that you seem to be able to execute, is considered a credible threat.

• During the 30 days following that threat, you forcibly entered the residence of the threatened, or the real property adjacent to the residence, or the workplace of the threatened. This entry must be unlawful and with the intent to execute the threat.

In contrast to a typical trespass case, where the alleged violation is simply an absence of permission, aggravated trespass is about the actual physical safety of an individual. The law knows that invading a person’s property when threatening them is a significant escalation of a conflict, and the law harshly penalises the action.

Aggravated trespass is designed to protect victims of stalking and domestic violence by criminalizing dangerous property intrusions.

Punishments and Consequences After Being Convicted of Trespass

The life-altering effects of a trespass conviction are far greater than the immediate legal penalties. It is vital to understand what you are up against..

Misdemeanor Trespass Penalties

In most misdemeanor trespass cases, the possible punishment includes:

• 6 months serving in a county jail
• A fine of up to $1,000
• Probation — Courts may impose summary (informal) probation instead of jail, including fines, community service, and stay-away orders. Probation usually includes a period of supervision, fines, community service, and a stay-away order so that you cannot revisit the victim’s property.

Aggravated Trespass Penalties

Being a more serious type of wobbler offense, the punishments for aggravated trespass are much more severe.

If you are convicted of a misdemeanor violation, you could face a sentence of one year in the county jail.

When you are charged with a felony and subsequently convicted, the maximum sentence is 16 months, 2 years, or 3 years in county jail.

The Long-term Consequences of a Criminal Record

The consequences of being convicted of a crime are grave and far-reaching, as they can often hurt your life even after the original punishment. They affect key areas of your life.

The impact on your employment is one of the most common. A criminal record may be a significant barrier to employment, as more and more companies conduct extensive background checks during their hiring process. Businesses, particularly those with substantial levels of trust, like finance, security, or jobs involving sensitive information or private property, may be reluctant to employ you with a criminal background. This can severely limit your job prospects and cause financial instability in the long run.

In addition to employment, another area that a criminal record can severely affect is your housing. Typically, landlords will run a background check on potential tenants, and a prior conviction presents a legal reason to refuse your application to rent their property. This may leave you finding stable and secure housing incredibly hard, often forcing you into less preferable living conditions.

Furthermore, a conviction can also put your professional licenses, essential to your livelihood, at risk. You risk losing professional status, since licensing boards may suspend or revoke your credentials after a conviction, especially in highly regulated professions like law, medicine, education, or real estate. This can effectively end your career, irrespective of your skills or experience.

Defenses Against a Trespass Charge

A trespass accusation does not automatically result in a conviction. A competent criminal defense lawyer may build a defense by challenging any or all of the foundational elements of the crime. Your defense will depend on the facts of your situation. The following are common defenses your attorney could use:

Lack of Willful Intent

Arguing that there was no willful intent is one of the most efficient strategies. To be convicted of trespass, the prosecution needs to establish that you entered onto the property willfully and knowingly. Your attorney could argue that you made an honest and non-malicious mistake in entering the property.

For example, if you were hiking or hunting and the boundary delimiting the property was not well defined with signs or fences, you could easily say you had no idea you were trespassing on the property. This defense is based on the lack of intent.

Likewise, you might have lost your way, had a bad GPS navigation system, or strayed onto the grounds without knowing it was a restricted area. In these cases, you may provide evidence that what happened was just an accident. This is a strong defense since it directly goes against a fundamental aspect that the prosecution must demonstrate to obtain a conviction. By proving that you were not on the property on purpose but because of some unintended slip, your attorney can cast reasonable doubt and significantly weaken the prosecution’s case.

Consent or Permission

You could also use the defense of consent or permission to be on the premises as an effective defense against a trespass claim. If you had the owner’s or a resident’s permission to be on the property, you cannot be convicted of trespass.

Consent can be:

• Express, for example, when the owner says or sends a text message that you may come to the property
• Implied is likely when the nature of the property, like a business establishment with an open door and a car parking area, means an invitation to the community. The burden is on the prosecution to convince the jury that this implied consent was revoked and that you were properly notified of the revocation of that consent.

Your attorney can raise a reasonable doubt about whether your presence was actually illegal by creating a history of permission or a failure to clearly notify. This approach concentrates on what the property owner does instead of what you do, which is a good reason to be dismissed.

Lawful Right to Be Present

In addition to the consent, you might also have a legal right to be on the property, an effective defense that calls into question the concept of a trespass. In other situations, you are legally allowed to be on another person’s territory, even when the owner expresses their displeasure about your presence and requests you to move out.

For example, a process server has a legal right to enter private property to serve legal papers. On the same note, as a tenant, you have a vested interest in gaining access to your rental unit, and a landlord cannot just simply have you arrested because, under your lease, you have a legal right to use the space. The same defence extends to people with a legal easement or a right-of-way, who may pass over a specific part of someone else’s land to reach their own property.

With the help of an attorney, you can prove that you did not commit a crime but exercised a right, which is legally provided to you.

No Intent to Interfere

In some subsections of the Penal Code 602, the prosecution must prove that you intended to interfere. You can argue that you did not have this intent because it is easy to distinguish between a simple, non-malicious act and the more serious form of criminal trespass.

You can argue that you did not have permission to be where you were, but did not plan to be disruptive. For example, say you took cover in an unlocked barn during an unexpected storm without the intention of damaging property or stealing. Your defense lawyer can claim that you did not intend to interfere.

This defense is about your state of mind when the alleged crime occurred. Unless the prosecution proves you intended to disrupt business, damage property, or interfere with the owner’s rights, they cannot secure a conviction. This defense strategy also emphasizes the distinction between an unintentional presence and an intentional infraction, which creates a reasonable doubt that can bring about a more positive result.

First Amendment Activity

In a few limited situations, your activities can be covered by the First Amendment. Although this defense cannot be considered a blanket defense to every trespass action, it may be effective, especially when it involves a public forum.

California case law provides broader free speech protections on specific privately owned properties open to the public, like a large shopping mall. The famous case of the Pruneyard Shopping Center v. Robins affirmed that the state constitution of California grants greater freedom of speech than the federal constitution. This means that if you were involved in peaceful protesting, petitioning, or handing out leaflets in the open spaces of a mall, your lawyer could claim that your actions were within your constitutional right.

A strong defense requires a thorough investigation of the facts, a deep understanding of California law, and a willingness to challenge the prosecution at every turn. It separates you from the average trespasser by putting your action in the context of a protected form of expression instead of a simple violation of the property law. This is a highly fact-dependent strategy, but it can be a game-changer when it fits.

What is the Difference Between Criminal vs. Civil Trespass?

Trespassing is both a civil wrong and a criminal offense in California, although these are different actions with different aims and outcomes. It is important to understand this distinction because one instance of trespass may result in either of the two forms of legal remedy.

The main distinction is the initiator of the case and their purpose. The government, through the district attorney, prosecutes a criminal trespass case. They intend to punish the defendant for violating the law through a jail sentence, a fine, or probation. Criminal trespass prosecutions aim to protect public safety. In contrast, a civil trespass is one that the property owner initiates. In civil cases, the property owner seeks compensation for damages rather than punishment. It is a personal legal issue in which the property owner may sue to claim monetary damages, property damage, or business loss.

The burden of proof also accentuates this difference. To secure a criminal conviction, the criminal prosecutor has to demonstrate that the accused is guilty beyond a reasonable doubt, a very high legal standard. The property owner is only required to establish their case by a preponderance of the evidence in a civil case. That is, it must be more likely that the trespass occurred and caused an injury. Therefore, a person may be acquitted of criminal trespass and held liable for civil trespass.

Find a Criminal Defense Attorney Near Me

A trespass charge, however minor it may seem, could have serious legal effects that can interfere with your life and future. To overcome this legal challenge, it is important to understand the subtleties of intent, the type of property, and the types of defenses that can be used. The information above is meant to form a baseline, but each situation is exceptional and requires a personalized strategy.

Should you or someone you know be charged with trespass, now is the time to act. Talk to CCLG: Los Angeles Criminal Attorney. Our knowledgeable legal team will evaluate your case and recommend possible defenses. We will also fight to get the best possible outcome for you. Contact us at 323-922-3418 for further assistance.