Entering someone else’s property without their permission while they are there can result in charges under California Penal Code Section 602.5: Aggravated Trespass. This charge can also apply in situations where a guest is at the property instead of the owner.
A Los Angeles trespassing lawyer can help you learn more about this charge and review potential defenses that can help you after an arrest. You can get additional information about aggravated trespassing from our team at the Simmrin Law Group.
Find out more by calling or completing our online contact form.
What Actions Does PC 602.5 Cover?
The court system in California uses PC 602.5 to prosecute the crime known as aggravated trespass. Individuals may face a conviction under this section of the legal code for entering or staying in a residential property without permission given by a tenant or owner.
PC 602.5 charges specifically apply if a property owner or guest is at the property when an individual trespasses.
Does California Have Other Trespassing Charges?
California has several other legal codes that cover trespassing offenses. For example, individuals may face charges under California Penal Code Section 602: Trespassing if they enter property without permission and without anyone else present.
A conviction under PC 602 can result in six months of jail time and fines of up to $1,000.
Individuals may also face charges under California Penal Code Section 601: Felony Aggravated Trespass. PC 601 represents a more serious offense that can result in up to three years of time in prison and fines of up to $10,000.
What Happens After an Aggravated Trespass Conviction?
Individuals convicted of aggravated trespassing in California may face fines of up to $1,000 and up to a year of time in county jail. Additionally, the charge will go on the individual’s criminal record and could impact their life in other ways.
For example, potential employers and landlords often check an individual’s criminal record before making a decision about hiring or renting a property. A criminal charge can make it more challenging to secure housing or a job.
Can Individuals Get Probation for Aggravated Trespass?
In some cases, the court system orders an individual to serve probation instead of spending time in jail. In this situation, aggrieved trespass may lead to three years of probation.
During probation, an individual may have to go to counseling sessions and follow any other rules associated with the probation. Failure to follow court orders can result in a probation violation.
Individuals who violate their probation may have to spend the rest of their sentence in a county jail. You can learn more about this penalty with a Los Angeles probation violation lawyer.
An Aggravated Trespass Conviction May Result in a Restraining Order
In some cases, a conviction under PC 602.5 will result in a restraining order. This order may stay in effect for a maximum of three years. Individuals under a restraining order must stay away from the person who took out the order.
The length of the order will depend on a variety of factors. Typically, the court considers:
- The severity of the crime
- The odds of the defendant trespassing again
- The alleged victim’s safety
A lawyer can provide more information about this potential penalty for trespassing.
Are There Defenses for Aggravated Trespass Charges?
A Los Angeles criminal defense lawyer can help individuals handle California Penal Code Section 602.5: Aggravated Trespass (Misdemeanor) accusations. In many situations, lawyers work to establish that an individual had permission to enter or stay on a property.
Additionally, an attorney could argue that someone wandered onto another person’s property by accident without any intention to trespass. This argument could help an individual avoid a conviction.
How Do Lawyers Resolve California Penal Code Section 602.5: Aggravated Trespass (Misdemeanor) Charges?
Criminal defense lawyers focus on several options to resolve accusations of aggravated trespassing. An attorney may try to:
Get Charges Reduced
In some cases, the prosecution may offer a plea bargain following an aggravated trespassing arrest. Some individuals may have a chance to accept charges for an infraction, for example, which results in decreased penalties.
Get the Court to Dismiss PC 602.5 Charges
Sometimes, the court will dismiss an accusation of aggravated trespassing. Typically, lawyers can push to have a charge dismissed if the prosecution lacks evidence or if the police violated the rights of the accused during their legal investigation.
Fight the Charges in Court
A lawyer may defend a client in court when dealing with PC 602.5 accusations. The attorney presents arguments, questions witnesses, and pushes for a not-guilty verdict.
Learn More About PC 602.5: Aggravated Trespass
You can reach out to our team at the Simmrin Law Group to find out more about California Penal Code Section 602.5: Aggravated Trespass (Misdemeanor). A professional criminal defense lawyer from our team can help you handle these charges.
Learn more by calling or completing our online contact form.