Trespassing PC 602 – Fight your Case Now
What is the Legal Definition of Trespass in California?
Trespassing PC 602. In California, trespassing is defined as entering or remaining on someone else’s property without their permission. It is considered a crime against property rights.
Most of my trespassing cases occur when a client initially has permission to be on private property but then loses consent as opposed to . Once consent is revoked, they are no longer allowed to be there. If they remain on the property as opposed to seeing a no trespass sign and disregarding it. , it constitutes a form of trespass, potentially resulting in a criminal trespassing charge.
What Offenses are Related to Trespass?
Trespass Used to Prevent Domestic Violence
A common example of trespass is when an officer uses misdemeanor trespassing laws to defuse situations. This action removes individuals from a property to avoid potential safety risks. When people are arguing or engaged in heated discussions, the risk of domestic violence or battery increases. To prevent escalation, an officer may cite trespassing laws to order a person’s removal from the property for a period of time.
Trespass Used to Prevent Theft
Trespass charges are also often used in connection with theft crimes and shoplifting. For instance, when a person is accused of burglary, but the prosecution lacks sufficient evidence to prove intent (often because the defendant exercised their right to remain silent), a criminal trespass charge may be used instead. A trespass conviction carries a significantly lighter sentence than a burglary charge.
An example of this is when a defendant is caught or suspected of shoplifting and is asked by a manager to leave the store. If the defendant refuses or returns to the store later, the manager may call the police, resulting in a trespassing charge. This is common in department stores.
Miscellaneous Charges
Some trespassing charges involve unusual situations, such as removing stone or dirt from someone’s property. Other examples include taking oysters or shellfish from private shores, or refusing to go through screening at airports or courthouses.
Possible Defenses to Trespassing Charges
To be guilty of trespassing, a person must willfully enter another person’s property with the intent to interfere. Interference can involve damaging the land, disrupting business, or occupying the property. For example, if someone builds a cabin on another person’s land and lives there for three months without permission, it is considered trespassing. These issues can be looked at in the pretrial process.
Sentencing and Punishment for Criminal Trespass
Trespassing can be charged as an infraction or a misdemeanor, depending on the circumstances. Most trespassing cases are charged as misdemeanors, which can lead to probation, up to one year in jail, and fines up to $1,000. Common infractions include:
- Entering someone’s property without permission.
- Entering fenced or posted property, where “No Trespassing” signs are displayed (three per mile required).
As an infraction, the first offense results in a $75 fine, while a second offense on the same property results in a $250 fine. A third offense is charged as a misdemeanor.
If someone threatens to harm another person and goes to that person’s property within 30 days intending to carry out the threat, this is considered aggravated trespassing. It can be charged as either a misdemeanor or a felony, with a misdemeanor carrying up to one year in jail and a $2,000 fine. A felony conviction can lead to up to three years in prison.
If you are facing trespassing charges, consult an attorney. You still have options.
