What is Criminal Trespassing?

What is criminal trespassing

Criminal trespass refers to unlawfully remaining or entering someone else's property without permission. It is considered a criminal offense and can result in legal consequences, including fines or jail time. Trespassing can occur in many different forms, such as entering private land, buildings, or even agricultural and forest lands.

In California, criminal trespass laws protect property owners' rights and prevent unwanted intrusion. Knowing the boundaries and seeking permission before entering someone else’s property can help avoid a criminal charge.

In the following sections, we will discuss the types of criminal trespassing, examples, and potential legal defenses. At Hurwitz Law Group, we understand the complexities of criminal trespass cases and are here to guide you through your legal options.

Definition of Criminal Trespassing in California

Criminal trespass in California means entering or staying on someone else’s property without permission. This can happen on private or public land, and it includes both intentional and unintentional actions.

The key factor is the owner's lack of consent. Depending on the behavior involved, trespassing can lead to minor or serious charges. Aggressive acts, like threats or violence, increase the penalties. California’s laws outline how trespassing is defined and the punishments for it.

Examples of Actions That Constitute Criminal Trespassing

Examples of Actions That Constitute Criminal Trespassing

Several actions fall under criminal trespass, which can lead to legal penalties. For instance:

  • Entering someone else's property without permission, like stepping into a fenced yard.
  • Trespassing on forest land or agricultural land without consent.
  • Remaining on someone else’s property after being asked to leave.
  • Cutting across private land covered with no-trespassing signs.
  • Entering a fenced commercial yard or non-forest land after business hours.

Depending on the severity of the situation, these actions are often classified as misdemeanors. In some states, this might be called a Class C misdemeanor or a Class B misdemeanor; however, CA does not do misdemeanor classes.

Types of Criminal Trespassing

There are different types of criminal trespassing based on the location and intent of the trespasser. These types can occur on both public and private property, and the laws in California outline specific scenarios. Some common types include entering another person’s property without consent, remaining unlawfully after being told to leave, or trespassing after hours in restricted areas.

The severity of the crime increases if the trespasser causes damage, threatens harm, or ignores multiple warnings. Each case of criminal trespass is treated based on the circumstances and the intent behind the act.

Trespassing on Private Property

Trespassing on private property happens when an individual enters someone else's property without permission. This can include:

  • Stepping into a fenced residential yard (see California Penal Code 602).
  • Remaining unlawfully after being asked to leave.
  • Entering private areas marked with “no trespassing” signs.

If the trespass involves causing damage, threatening the owner, or refusing to leave, it can escalate to a more serious charge. This type of criminal trespass can have significant consequences, especially if the property owner takes legal action.

Trespassing on Public Property After Hours or Without Permission

Criminal trespass on public property typically occurs when someone enters a restricted area after hours or without permission. Examples include:

  • Entering a fenced commercial yard without authorization.
  • Being on non-forest land outside of posted visiting hours.
  • Ignoring posted signs or warnings.

It is important to recognize that public property, while open to the public during certain times, still has restrictions, and violating them can result in criminal charges.

Aggravated Trespass: Definition

Aggravated trespass happens when someone trespasses on property while threatening to harm the owner or someone else. This raises the seriousness of the crime because of the added threat or risk of violence.

If a person enters the property intending to intimidate or cause fear, it becomes aggravated trespass. This type of offense usually has harsher penalties, including possible jail time or larger fines.

Aggravated Trespassing is a Wobbler in California

Aggravated trespassing is a wobbler in California

In California, aggravated trespass is considered a "wobbler" offense. This means that the prosecution can charge it as either a misdemeanor or a felony, depending on the details of the case. If the trespass involved a threat of harm or if the individual had a history of similar offenses, it might be elevated to a felony.

On the other hand, if the incident is relatively minor, it might be treated as a misdemeanor. The charge's classification impacts the potential consequences, such as the amount of fines or length of imprisonment.

Possible Fines and Jail Time for Convictions

Convictions for criminal trespass can result in a range of penalties, depending on the severity of the case. Most cases of trespass are prosecuted under CA PC 602. If convicted of misdemeanor criminal trespass, you could face up to six months in jail.

More serious offenses like aggravated trespass can lead to longer jail sentences or larger fines. A conviction for misdemeanor aggravated trespass could lead to up to a year in county jail. A conviction for felony aggravated trespass could lead to up to three years in prison.

California law takes these offenses seriously to protect property rights. Other penalties might include probation, community service, or attending mandatory classes.

Additional Consequences, Such as Restraining Orders or Probation

Individuals convicted of criminal trespassing may face other penalties in addition to jail time and huge fines. Some of the consequences that may be involved are: 

  • Follow strict guidelines such as regular check-ins
  • Limitations on future property access
  • Restraining orders
  • Mandatory counseling
  • Community service
  • Attending conflict resolution classes

Defenses Against Criminal Trespassing Charges

If you are facing criminal trespass charges, several defenses may be available. These strategies depend on the specifics of the case, including your intent and whether you had permission to enter the property.

Sometimes, the defense might focus on lack of intent or arguing that the accused did not knowingly trespass. Another defense could involve consent, showing that the property owner allowed you to be there. A criminal trespass lawyer can review the facts and develop a defense that fits your situation.

Lack of Intent or Knowledge of Trespassing

One of the common defenses in criminal trespass cases is the lack of intent or knowledge. If someone enters a person's property without realizing they are trespassing, the prosecution's case may weaken.

For example, entering land with no visible fencing can support the argument that the accused was unaware they were trespassing. Similarly, accidental trespass, such as mistaking public property for private land, can be a valid defense. Proving that you did not intend to commit criminal trespass may lead to reduced charges or even dismissal.

Consent by the Property Owner as a Defense

Another valid defense in criminal trespass cases is proving that the property owner consented to entry. It is not considered trespassing if you are on someone else’s land with their approval.

For instance, if the property owner invited you onto their land or gave verbal or written consent, this can be a strong defense. You may avoid a criminal trespass conviction if you can prove you left the property when told to do so.

Challenging Evidence or Proving Mistaken Identity

Challenging the evidence presented by the prosecution can be an effective defense against criminal trespass charges. This may include questioning the accuracy of witness statements, photos, or video footage. Proving mistaken identity is another approach, particularly in cases where the property owner or police officers misidentified the trespasser.

If there is insufficient or contradictory evidence, the defense can argue for dismissal of the charges. Our strong legal team at Hurwitz Law Group can assess the evidence and work to prove that you were not the person who committed the trespass.

How Our Los Angeles Criminal Trespassing Lawyer Can Help You

How our Los Angeles criminal trespassing lawyer can help you

At Hurwitz Law Group, we provide comprehensive legal support to those accused of criminal trespass. We investigate the details of your case, collect evidence, and build a strong defense to protect your rights. Whether the charge involves trespassing on someone else’s or public property or aggravated trespass, we’re here to help.

We work with clients to explore all possible defenses, including consent, lack of intent, and challenging the evidence. We aim to achieve the best possible outcome for your case and minimize legal consequences.

Contact Our Los Angeles Criminal Trespassing Lawyer for a Free Case Consultation

Contact our Los Angeles criminal trespassing lawyer for a free case consultation

If you face criminal trespass charges, you must seek legal help immediately. At Hurwitz Law Group, we offer a free consultation to talk about your case and potential defenses. Whether you are accused of trespassing on someone else's property or a public area, we have the expertise to defend your rights.

Our team will assess the evidence, advise you on the best strategy, and guide you through the legal process. Don’t face criminal charges alone. Contact us today to schedule a free consultation.

Related Posts
What Makes Us a Trusted Choice?

Brian Hurwitz Has 10+ Years of Criminal Defense Experience

Our Firm Is Top-Rated & Award-Winning

Affordable Fees and Payment Plans

We Are Available 24/7 for All Clients
Thousands of Cases Handled

We Offer No-Cost, Confidential Phone Consultations

Contact Us
If you or a loved one needs the assistance of our criminal law attorneys, please feel free to contact in the way that is most convenient to you, whether that is calling us at 323-244-4147 or completing the contact form below. All fields are required.


    Required Fields *

    chevron-down