CA TRESPASSING LAW (PC 602)

LA Criminal Defense Lawyer

What is Trespassing?

California Penal Code 602 prohibits anyone from entering or remaining on the property of another without permission to do so. While this law may sound simple, the code sets out several situations that constitute trespass – some of which most people would never guess constitutes the crime of trespass. For example, the property on which the defendant enters does not necessarily have to be private property. One may be deemed a trespasser on a restaurant’s property if they enter with for the purpose of creating a disturbance and driving other customers away. While business owners typically run businesses with the implied consent that customers may enter to engage in business, this consent does not extend to those present on the property for the purpose of interfering or obstructing the owner’s business. Similarly, one may be deemed a trespasser for failing to leave a motel after refusing to pay, and refusing to leave a public building during hours when it is closed to the public. This means that someone may enter property with consent, but once consent no longer exists, or if the defendant has exceeded the consent of the property owner, then a trespassing has occurred.

What If I Get Charged With Trespassing?

Trespassing is usually charged as a misdemeanor in California, and may carry penalties of up to six months in jail and a fine not exceeding $1,000. However, there are times in which a prosecutor may file the trespass charge as a felony – also known as aggravated trespass. Aggravated trespass occurs when the defendant is present on the property after threatening to physically injure someone. For example, if a defendant threatens to harm her boyfriend, and then shows up at his place or work or his home, then she may be charged with aggravated trespass. Aggravated trespass carries a jail sentence of 16 months to three years.


Aggravated Trespass

In order to be convicted of aggravated trespass, the prosecutor must prove beyond a reasonable doubt the following elements: (1) the defendant made a credible threat to cause serious bodily injury to another person; (2) the defendant made the threat with the intent to place the other person in reasonable fear for their safety or the safety of a family member; and (3) within 30 days of making the threat, the defendant entered the person’s residence or workplace without a lawful purpose and with the intent to carry out the threat.

Defenses to aggravated trespass include attacking the elements necessary for a conviction. A good defense attorney will argue that the alleged threat was not credible, that the defendant lacked the necessary intent to the place the other person in reasonable fear for their safety, and that the defendant did not enter the property with the intent to carry out the threat. It is critical to obtain an attorney as quickly as possible in order to assert these defenses and any mitigating circumstances before charges are even filed.

Defenses to Trespass

The defenses to trespass may be used to reduce a sentence or to get the case thrown out entirely. Some of the arguments a good defense attorney will make include: the defendant had the right to be on the property; the defendant had consent to be on the property; or that there were no signs to put people on notice that the property was private. For those accused of entering a business with the intent to obstruct or interfere with business activities, defense counsel may argue that the defendant did not actually obstruct or interfere (mitigating circumstance).

NOTE:  PC 602, because it doesn't "look bad" on a criminal background check is often plead down from other cases.  This is especially common where a crime has an embarrassing connotation as charged, for example:  shoplifting, prostitution/solicitation, and more.

It is critical to retain an experienced criminal defense attorney as soon as possible. The earlier the attorney makes contact with the district attorney, the more likely it is that the case will result in a favorable outcome for the defendant. A good criminal defense attorney will present mitigating circumstances, including the lack of the defendant’s criminal history, as well as highlighting weak points in the prosecution’s case.

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IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH A CRIME, CONTACT THE LAW OFFICES OF NICHOLAS LONCAR NOW FOR A FREE CONSULTATION WITH A LOS ANGELES CRIMINAL DEFENSE LAWYER.
213-375-3775

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Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
Nicholas.Loncar@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

FREE CONSULTATIONS  213-375-3775
LOS ANGELES CRIMINAL DEFENSE ATTORNEY

Published By: Nicholas Loncar
Written by: Lauren Noriega