Although a criminal trespassing charge might seem minor, it is not. In California, criminal trespass can be charged as an infraction , misdemeanor , or felony . Even if no jail time is imposed, the trespass conviction will remain on your criminal record. In other words, there is a lot riding on the defense of a trespassing charge as well as the criminal defense attorney you chose to defend you.

TRESPASS LAW

California law defines criminal trespass as an unlawful intrusion onto someone’s property, or unlawful interference with someone’s property. Trespass is defined in California Penal Code Sections 601 and 602. Trespassing encompasses a broad range of conduct including:

• Entering someone else’s land without permission
• Destroying or removing timber from another person’s land
• Damaging or cutting and taking produce from another’s land
• Digging or removing soil or stone from another’s land
• Injuring or gathering shellfish or oysters from someone’s land, including land submerged under water
• Refusing to leave someone’s land, building or home when asked to do so
• Possessing or occupying a residential dwelling without the owner’s permission
• Damaging a fence, gate, or sign on someone else’s property
• Opening or tearing down someone’s fence
• Damaging, tearing down or removing posted signs or notices affixed to any government property
• Harming or carrying away farm animals
• Building fires on someone else’s land
• Interfering with someone else’s business
• Tampering with a lock on a gate of someone else’s property
• Skiing in a closed area
• Entering illegally onto an airport, ship or bus terminal
• Driving a car on another’s private property without permission
• Refusing to leave a public building when the building is regularly closed when asked by an employee or security guard
• Refusing to leave an airport or other passenger terminal
• Refusing an airport inspection
• Avoiding security screening when entering a courthouse or other county, state, or city building with controlled access
• Refusing to leave a motel or hotel
• Threatening someone with serious injury and unlawfully entering land to carryout the threat

MISDEMEANOR or FELONY

In Los Angeles, most criminal trespass violations are prosecuted as misdemeanors; trespass is rarely charged as a felony. Most misdemeanor convictions for trespass carry a maximum of 180 days in the county jail along with a $1000 fine, informal probation, community service or labor, CalTrans, stay-away orders, and/or restitution. Certain misdemeanor trespass violations will raise the county jail exposure to one year. If there is an allegation of “ aggravated trespass ” then the prosecutor can file the trespass as a misdemeanor or felony. Aggravated trespass usually occurs when someone threatens to cause serious bodily injury to another person and unlawfully enters that person’s property with the intent to execute the threat. Aggravated trespass falls under California Penal Code Section 601. If the prosecutor files it as a felony then the sentencing range falls between sixteen (16) months and three (3) years in state prison. As a misdemeanor the maximum exposure is one year in county jail.

LOS ANGELES TRESPASS ATTORNEYS

The criminal defense attorneys at Rodriguez, Lewis & Kahn have successfully defended many individuals accused of trespassing. Trespass charges are tricky in the sense that someone could be charged with trespassing even in situations where the person charged had no idea that entry onto a property was prohibited. If you or someone you know is accused of trespassing, call us for a no-charge evaluation about your case. Learn about your rights, defenses and the complicated criminal justice system. We will attempt to get your trespass charge dismissed or get it reduced to an infraction. We will work to keep you out of jail with alternative sentencing. We will also be ready to go to trial to obtain a not guilty verdict.