Attorney for Trespassing Charges

Attorney for Criminal Trespass Charges

There are different types of criminal trespass charges depending on the state you are charged in. Under California PC 602, criminal trespassing is the act of entering or remaining on another person’s property without the owner’s permission. This can include:

  • Entering a building or fenced-off area where there are prohibiting signs.
  • Opening, tearing down, destroying, or leaving a fence open on enclosed land.
  • Entering any land with the intent to damage property or interfere with an owner’s business.
  • Remaining on the property after being asked to leave.
  • Using the property in a way that is not permitted.

Criminal Trespass ChargesCalifornia trespassing charges are complex and penalties depend on the circumstances, such as the degree of intent, the extent of the damage, and any prior convictions. In most cases, criminal trespass in California is a misdemeanor. Depending on the infraction, the penalties range from $100 to $1000 in fines or 6 months in county jail, or both.

Criminal trespassing can also be charged as a felony. Aggravated trespass is when a person threatens to injure another and then comes to their home or work without their consent, with the intent to carry out that threat. Aggravated trespassing can result in a 3-year jail or prison sentence and/or a fine of up to $10,000.

Your Defense

If charged with trespassing, it’s vital to speak with a reputable criminal defense attorney who can help you understand your situation, rights, and how to mount a defense.

Legal defenses to Penal Code 602 include:

  1. Consent. The owner may have given you implied or explicit permission to enter the property.
  2. Improper or lack of signage or poor markings of the property.
  3. Lack of intent to interfere. One of the elements of trespass is specific intent to interfere with an owner’s property.
  4. Did not occupy the property. The property owner must claim you deprived them of their property for a substantial period of time. If you were just passing through, or unaware you were on their property, you cannot be charged with trespassing.
  5. Necessity. You may have needed to enter the property to obtain one of your belongings or to prevent an emergency.

Stay Out

Your attorney can negotiate with the prosecution in order to secure a plea deal, reduced charges, or dismissal of charges against you. Don’t let criminal trespassing charges negatively impact you. One of the best things you can do to stay out of prison is to contact a criminal defense attorney.

With highly investigative abilities, The Law Offices of David A. Stein will build a solid defense, gather evidence, interview witnesses, and fight for you in court. Experienced in all types of evidence in criminal cases, as well as state and federal crimes, and he will ensure that you receive a fair trial.

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