The court system can use California Penal Code Section 602: Trespassing to prosecute individuals accused of entering someone else’s property without permission.
Many different acts qualify as trespassing. The prosecution treats many acts of trespassing as misdemeanors. Convictions can result in fines, time in county jail, and other penalties.
A Los Angeles trespassing lawyer can provide more information about this charge and potential legal defenses.
Types of Trespassing in Los Angeles
PC 602 covers many different criminal acts. Individuals may be charged with trespassing if they go onto another person’s property and cut down, destroy, or carry away:
- Timber
- Wood
- Earth
- Stone
- Soil
- Shellfish
- Livestock
Individuals may not tear down signs or notices. Trespassing charges can also apply if someone builds a fire, destroys fences, tampers with locks, or fires a gun on another person’s property. Additionally, you can face trespassing charges for refusing to leave:
- Someone’s property
- Public buildings during hours they are regularly closed
- Closed ski trails
- Hotels or motels
- A battered women’s shelter
Finally, the court can use PC 602 to prosecute unauthorized individuals who enter:
- Restricted areas of an airport
- Neonatal units
- Birthing centers
- Maternity wards
A Los Angeles criminal defense lawyer can provide more detailed information about charges for trespassing on private property.
Penalties for a Trespassing Conviction in Los Angeles
Individuals convicted of trespassing crimes may face fines of up to $1,000 and up to six months in county jail. Additional instances of trespassing on private property may increase the penalties to:
- Fines of up to $2,000
- Jail time of up to 1 Year
- Probation
Note that the state treats some instances of trespassing as infractions. If you enter someone’s property without causing any damage to the property, you could face this charge under California Penal Code Section 602.8.
The penalties for this kind of trespassing can include a small fine. You can learn more about the penalties for trespassing with a professional legal team.
What Do You Have to Do if You Get Probation?
If the court orders probation for a trespassing conviction, you will have to follow all regulations made by the judge. You may have to check in regularly with a probation officer, stay in a specific location, and avoid subsequent criminal convictions or arrests.
Violating your probation can result in additional legal penalties. Your lawyer can explain the court’s expectations and help you avoid probation requirements by building a solid defense after your arrest.
Some Individuals Face Charges for Aggravated Trespass
The court system also uses a similar charge to handle more severe cases of trespassing. You could face charges for aggravated trespassing – under California Penal Code 601 – if you enter someone’s home or workplace after making a threat.
A conviction under PC 601 for aggravated trespassing can result in 3 years of jail time. Individuals could also face additional charges if they trespass while violating a restraining, protective, or stay-away order.
All instances of trespassing are considered property crimes and are handled very harshly by the court system in California. A Los Angeles property crimes lawyer can help you learn more about trespassing laws.
Penal Code 602 Violations and Legal Defenses
A trespassing charge does not automatically have to result in a conviction. Criminal defense lawyers in Los Angeles may be able to build successful defenses for individuals accused of trespassing. Examples of effective legal defenses can include:
You Were Not Trespassing
Legally, you may have the right to be on different pieces of property in Los Angeles. For example, you might have the right to be on a business property if you are part of a legal protest. An attorney may use this common defense to help you avoid a conviction.
You Did Not Interfere with Anything
Entering someone’s property without permission is technically against the law. However, you will typically only be charged with a minor infraction if you do not harm or damage anything while on the property.
A lawyer can strive to establish reasonable doubt about your presence on a property to build your defense.
You Were Trying to Leave the Property
Sometimes, trespassing charges only apply if you refuse to leave someone’s property. Depending on your situation, you could face an arrest while trying to follow instructions to leave the area.
Your lawyer may work to establish reasonable doubt about your actions on someone else’s property to help you handle trespassing charges.
How Lawyers Help with Trespassing Charges
A criminal defense law firm can help you handle all your legal needs after an arrest under PC 602. You can rely on an attorney to:
Help You During Legal Questioning
The police and prosecution may question you after an arrest under California Penal Code Section 602: Trespassing. You have the right to request legal representation before answering any questions, and professionals recommend that you exercise this right.
The prosecution and police can use everything you say against you, so you should not discuss your charges without a lawyer present, whether you face an infraction or misdemeanor offense.
Assist During Your Arraignment Hearing
You will have to attend an arraignment hearing if the prosecution charges you under California Penal Code Section 602: Trespassing. During this hearing, the court will share the specific charges you face, and you’ll have to enter your plea.
You may plead not guilty, no contest, or guilty. A lawyer can provide more information about what to expect during this hearing so you can go in prepared.
Help with a Bail Hearing (When Applicable)
You may have to attend a bail hearing after an arrest. Paying bail into the court system allows you to stay out of county jail until your criminal trial. Your criminal defense lawyer can focus on securing the smallest possible bail payment on your behalf.
A lawyer can also help you determine if you’ll get your bail money back.
Block Evidence
Your lawyer may take steps to block evidence that the prosecution could use against you. For example, lawyers may block evidence obtained illegally as a defense strategy. Blocking evidence can weaken the prosecution’s case.
Get Your Charges Dismissed
Blocking enough evidence may allow your attorney to convince the court to dismiss your charges. The court may also dismiss a California Penal Code Section 602: Trespassing charge if the police violated your rights during an arrest.
Have Your Charges Reduced
The prosecution may offer a plea bargain to reduce your charges. A plea bargain requires you to admit fault for a less severe charge in exchange for reducing the penalties you face.
The prosecution will more likely offer a plea bargain if you do not have past convictions on your criminal record. You can rely on an attorney to review this deal and see if it represents the best option to resolve your charges.
Represent You in Court
You can also rely on your lawyer to aggressively defend you in court if your charges go before a judge and jury. A criminal defense law firm can review all potential defenses and find the option that works best for you to handle an infraction or misdemeanor crime.
A legal team can help you deal with all forms of trespassing charges.
Examples of Trespassing in Los Angeles
Examples of trespassing can include:
Man A entered his neighbor’s property, ignoring posted Keep Out signs. While on the neighbor’s property, Man A cut down a tree and carried away the timber to use in a bonfire. Man A committed misdemeanor trespassing and could face criminal charges.
Man B went to a public library and got on the computers. He stayed for a few hours until it was time for the library to close. The librarian asked him to leave, and he refused. The librarian called the police. The police could arrest Man B for trespassing.
Legal Help for a PC 602 Charge is a Phone Call Away
California Penal Code Section 602: Trespassing covers a wide range of criminal actions. Find out how a criminal defense lawyer can help you deal with any trespassing charges by calling the Simmrin Law Group or filling out our online contact form.
Learn more about trespassing charges and your legal options with a FREE consultation.