California has strict laws concerning trespassing or unlawful entry onto private property. Trespassing can have both criminal and civil implications for offenders. A private property owner may sue for damages, and the trespasser may face criminal charges from the state.
Hurwitz Law Group can act as your Los Angeles criminal trespassing lawyer if you're facing criminal trespassing charges. A Los Angeles lawyer can be a fantastic asset in any criminal trespassing case.
Learn more about what is considered criminal trespass below. Then, contact us for a free case consultation.
California Penal Code Section 602 pertains to trespassing and contains specific information for more than a dozen types of criminal trespass.
Trespassing is refusing or failing to leave a private property or structure belonging to another party after the owner, an owner's agent, or a peace officer requests the trespasser to leave the property.
Specific sections of the penal code pertain to certain activities related to criminal trespassing, such as unauthorized digging or excavation, stealing crops, livestock, or cultivated food, or cutting down or destroying timber or trees present on the property.
Depending on the offender's intentions, there are many different penalties for trespassing on different types of property.
For a criminal trespassing charge to stick, prosecutors must prove that a defendant knowingly and willfully entered private property and intended to interfere with the property in some way.
For example, a teenager walking home from work at night decides to take a quick shortcut through a neighbor's yard.
The teen didn't have permission to enter the property but did not intend to interfere with the property in any way, so this would not qualify as criminal trespassing.
California law defines aggravated trespassing as any trespassing in which the offender uses force or threats of force while unlawfully present on private property or when an offender makes a credible threat of serious bodily injury or harm and then appears on the victim's private property within 30 days of making the threat.
Criminal trespassing can be charged as a misdemeanor offense punishable by up to six months in county jail. Even a misdemeanor charge is not to be taken lightly.
Our knowledge of the California penal code, network of resources, and strong relationships can help you build a robust defense. Aggravated trespassing is a misdemeanor punishable by up to one year in county jail.
However, some incidents of aggravated trespassing will result in felony charges, punishable by up to three years in state prison plus fines. Felony trespassing is a grave accusation and merits the strongest possible defense.
The most common defense against trespassing charges is poor marking. Property owners should mark the entrances to their property as private to deter interlopers and to secure their position in a legal battle should a trespassing incident occur.
Appropriate markings typically include “Do Not Enter” or “Private Property” signs visible from every point of unauthorized entry onto the property. Offenders may claim they did not know the property was private when the trespassing occurred if the owner did not use sufficient markings.
Another possible defense is that the owner gave explicit or implied permission to the defendant to enter the property. For a trespassing defense to work, a defendant must prove that the property owner permitted him or her to enter the property. Sometimes, a defendant can prove that the owner provided or implied permission to enter the property to avoid criminal trespassing charges.
Hurwitz Law Group has become one of the most successful defense firms in Los Angeles due to our unfaltering commitment to protecting the rights of the accused. We believe every person accused of a crime deserves a day in court to tell his or her side of the story, and we carefully examine the circumstances surrounding every client's case to find any way to reduce or drop charges.
Getting criminal trespassing charges dismissed is possible, especially if the evidence against you is weak or your rights were violated during the arrest. An experienced lawyer will scrutinize the circumstances of your case to find any procedural mistakes or lack of evidence.
If the property was open to the public or you had permission to be there, these factors could lead to a dismissal. Your attorney will fight to protect your rights and aim for the best possible outcome.
A plea deal should be considered carefully and discussed thoroughly with your attorney. A plea deal can sometimes reduce your charges or result in lighter sentencing, but it also means admitting guilt to some degree.
Your lawyer will evaluate the strength of the prosecution's case and advise you on whether a plea deal is in your best interest. Accepting a plea deal has long-term legal consequences too, and it should only be considered if it significantly benefits your situation.
Criminal trespassing involves entering or remaining on a property without permission from the owner. It can range from minor infractions to serious offenses depending on the situation.
In Los Angeles, criminal trespassing can be charged as a misdemeanor or a felony, depending on the circumstances. Penalties can include fines, community service, or imprisonment.
It is not advisable to fight criminal trespassing charges without a lawyer. A skilled attorney can help you understand the charges and develop an effective defense strategy.
Defenses to criminal trespassing can include lack of intent to trespass, implied permission to be on the property, or reasonable doubt about the property being open to the public at the time.
Yes, a criminal trespassing charge can affect your future, including job opportunities, housing, and educational prospects. Having a criminal defense lawyer can help minimize these long-term impacts.
Having even a misdemeanor trespass conviction on your criminal record can change your life forever. If you have been accused of trespassing on someone else else's land or property, our Hurwitz Law Group can help you.
Our Los Angeles criminal trespassing lawyer knows how to build a robust defense in trespass cases. Trespassing on another person's property is an accusation that must be taken seriously. Let us defend you against criminal trespass charges. Contact our Los Angeles trespassing attorney for a free case consultation.
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