Examples of Criminal Trespassing
Penal Code §602 provides the legal definition of criminal trespassing in California. According to PC 602, individuals commit criminal trespassing if they enter another person’s property and:
- Destroy or cut down items on the property
- Tear down notices or signs
- Tamper with things like locks or fences
Additionally, some people will face trespassing charges just for entering someone’s property and refusing to leave the property. Individuals are not allowed to enter certain areas here in California. PC 602 charges apply if someone enters:
- Some areas of an airport
- Maternity wards
- Birthing centers
- Neonatal units
Note that these are only some examples of restricted areas here in California. In general, entering someone’s property and causing damage will result in criminal trespassing charges in Los Angeles.
Comparing Criminal Trespassing to Basic Trespassing
Not all trespassing charges meet the definition of “criminal” trespassing. Some individuals are charged with an infraction, instead. Infractions are used to penalize acts of “basic” trespassing.
Basic trespassing occurs if someone enters another person’s property without permission, without intending to cause any damage. Due to the minor nature of this offense, the court treats basic trespassing as an infraction.
Infractions usually lead only to small fines here in California.
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Charges for Aggravated Trespassing in California
California also prosecutes individuals for “aggravated” trespassing. The state uses Penal Code § 601 to deal with aggravated trespassing allegations. Individuals get charged with aggravated trespassing if they:
- Make a threat against someone WHILE
- Intending to cause the person to feel fear AND
- Enter the individual’s home, a building beside their home, or their workplace within 30 days of making the threat
Aggravated trespassing charges should only apply if someone enters the property with the intent to carry out the threatening action. Aggravated trespassing is generally considered more serious than criminal trespassing. Learn more by calling to speak with the Simmrin Law Group’s trespassing lawyers in Los Angeles.
Penalties for a Criminal Trespassing Conviction
The court system in California uses harsh penalties to deal with criminal trespassing. Individuals accused of a first-time criminal trespassing violation can face;
- Fines of up to $1,000
- Jail time of up to six months
However, it is important that you know that subsequent criminal trespassing charges can lead to more serious penalties. A subsequent conviction for criminal trespassing can result in:
- Fines of up to $2,000
- Jail time of up to one year
As we mentioned, individuals should only face a small fine for basic trespassing allegations. Aggravated trespassing results in more serious penalties, including up to three years of time in jail. A criminal defense lawyer in Los Angeles can help you with any kind of trespassing charge.
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Defenses Against Criminal Trespassing Charges
You can reach out to our team at the Simmrin Law Group if you are accused of criminal trespassing. We are prepared to handle all of your legal needs, starting right now. You can count on us to focus on:
- Blocking evidence against you
- Negotiating a plea bargain with the prosecution
- Handling your charges in and out of court
We are prepared to assess your specific situation if you are accused of criminal trespassing. We’ll work to show that:
- You had permission to enter the property
- You had no intention to damage anything on the property
- You did not cause any interference while on the property
Contact us if you are dealing with any type of trespassing allegation. We’re also ready to help you with basic or aggravated trespassing charges.
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Fight a Criminal Trespassing Charge with the Simmrin Law Group
Criminal trespassing is entering someone’s property without their permission to cause interference or damage. The Simmrin Law Group is here to help if you are accused of criminal trespassing. Find out how by contacting us to get a free consultation. Our trespassing lawyers in Los Angeles are ready to put you first. Call or fill out our online contact form to learn more.