California law defines trespass as entering and remaining on another person's property without authorization. Your trespass charges can become aggravated if you threaten a person and then enter their residence or workplace within 30 days of the threats. Another factor that could exacerbate your charges is a consistent pattern of simple trespass and stalking.
Aggravated trespass is a wobbler offense under California Penal Code 601. Therefore, a prosecutor can file felony or misdemeanor charges against you. A conviction under this statute can result in severe legal penalties, including incarceration, fines, probation, and a permanent criminal record.
If you face charges for aggravated trespass, you will need an experienced criminal attorney. Your attorney will protect your constitutional rights and help you build a defense against your charges.
An Overview of Aggravated Trespass
California PC 602 makes entering another person's property unlawful without authorization. However, if you threaten a person and then enter their home with the intent to harm them, your trespass charge becomes aggravated. When you face charges for aggravated trespass under PC 601, the prosecuting attorney must prove the following elements to secure a conviction:
You Made a Credible Threat to Cause Serious Injury to Someone Else
Under CPC 601, a threat is credible if it can instill fear in the recipient. Therefore, the prosecution must prove that the alleged victim of your crime feared for their life after receiving your threats. The following factors can improve the credibility of a threat:
- Specificity. A threat becomes more credible if it is detailed or provides specific information. Vague or ambiguous statements cannot suffice as credible threats.
- Context. The context in which you make a threat is critical for its credibility. The court considers your threats more credible if you have a history of violence or aggression.
- Means or capability. A threat becomes more credible if you can go through with it.
For aggravated trespass, serious bodily injury means severe impairment and could include:
- Concussions
- Broken bones
- Serious disfigurement
- Loss of consciousness
You Intended to Instill Reasonable Fear in the Alleged Victim
Another element of aggravated trespass is intending to cause fear to the alleged victim for their safety or the safety of their family. Fear becomes reasonable when it aligns with an average person's reaction. The courts determine whether a reasonable person under similar circumstances could experience the same level of fear.
The facts of your case will determine whether you caused reasonable fear. Factors that contribute to this determination include:
- The nature of the message you relayed
- The victim's reaction
- The presence of other people.
- Prior encounters with the alleged victim
The court could assess the nature and context of communicating verbal messages. Additionally, your behavior or actions following the threats are crucial. If other individuals witness your threats to the victim, the prosecution can use their testimony to prove this element.
You Unlawfully Entered the Property of the Person You Threatened within 30 Days of Making the Threats
The prosecution must prove that you entered the residence or workplace of the alleged victim within 30 days of making the threats. When demonstrating this element, the prosecution must show that you knew the area you entered was the victim's workplace or residence.
Sentencing Under California PC 601
Aggravated trespass is a California wobbler. The prosecutor can file felony or misdemeanor charges in your case. The following factors could impact a prosecutor’s decision when filing charges:
- Your criminal record
- The specific circumstances of your case
As a misdemeanor, a conviction for violating PC 601 attracts these penalties:
- Summary probation
- A one-year jail sentence
- Fines that do not exceed $2000
The prosecution can file a felony charge against you if you are a repeat offender or you caused significant harm to the alleged victim. A felony conviction for aggravated trespass is punishable by:
- Felony probation
- A prison sentence ranging from sixteen months to two or three years
- Fines of up to $10,000
Immigration Consequences of Aggravated Trespass
For U.S. citizens, the greatest fear of a conviction is spending time behind bars. However, for immigrants, there is an added fear of the adverse immigration consequences. A conviction for misdemeanor aggravated assault will not affect your immigration status. However, your felony conviction for the offense can result in severe immigration consequences. They include deportation and inadmissibility.
Probation for Aggravated Trespass
There are three sentencing options available for defendants facing aggravated trespass in California. They include:
- Incarceration
- Fines
- Probation
The court can impose probation as an alternative to incarceration. Probation will allow you to serve a part of your jail or prison sentence in community service. Not all PC 601 defendants can avoid incarceration through probation. You will need a skilled attorney to negotiate this sentence with a prosecutor.
A judge can impose probation instead of incarceration for your case if there are no aggravating circumstances. Additionally, you can negotiate for this sentence if this is your first conviction. The court can sentence you to probation for a felony or misdemeanor conviction. Felony probation lasts a maximum of five years, while misdemeanor probation lasts 1 to 3 years.
The court can attach these conditions to the probation sentence:
- Community service. Instead of spending time in jail or prison, the court will order you to do community service.
- Avoid committing other offenses. While on probation, the judge will order that you avoid committing other crimes.
- Victim restitution. The court will order you to pay victim restitution if you caused damage to another person's property or caused injuries.
- Counseling or therapy. The judge can order you to attend anger management classes while on probation for aggravated trespass.
- No-contact orders. Aggravated trespass involves threatening another person and then entering their home or workplace. A no-contact order prohibits you from contacting the victim or going near their property.
- Regular checks. If you face felony probation, the judge will order you to regularly check in with your probation officer. These meetings ensure your compliance with the terms of probation.
Legal Defenses Against Aggravated Trespass in California
Aggravated trespass involves entry into another person's home or workplace after threatening them. Aggravated trespass is a serious offense under California Penal Code 601. The consequences of a conviction for this offense can have lasting effects on your freedom and life. If you face charges for this crime, you must fight them to avoid a conviction. The following are common defenses you can present against aggravated trespass charges:
Lack of Intent to Cause Harm
A primary element of aggravated trespass is that you intend to harm or intimidate someone else. You can avoid a conviction or reduce your charges to simple trespass if you prove a lack of intent. You can use this defense by arguing that you entered the property for reasons unrelated to intimidation. Proving your intent to commit a crime is often challenging for prosecution.
Lack of Knowledge that the Property Was Private
You could face an aggravated trespass conviction for entering another person's property after threatening them. Another potential defense to aggravated trespass is your lack of knowledge that the property was private. The law requires defendants to know they are entering private property before a conviction. An individual may enter someone’s property without realizing it is privately owned.
Such mistakes occur when the property is unmarked. Your defense attorney might argue that you lacked the necessary knowledge for a trespass act. Additionally, you can prove that you entered the property with the required authorization. The defense can weaken the prosecutor's case and help you avoid a conviction.
No Aggravating Conduct or Behavior
You commit a crime of trespass by entering a property without authorization. Your charges become aggravated trespass if there is an aggravating element. Under CPC 601, the aggravated circumstances include threatening or intimidating the alleged victim. You cannot face a conviction for aggravated trespass if you do not meet this criteria.
The court often relies on recorded evidence or witness testimony to prove the threats you made. Without physical evidence or witness testimony, the case will only rely on the alleged victim's account. A competent attorney will help you despite the alleged victims' claims.
If you entered the property without permission and did not threaten anyone, you cannot face a PC 601 conviction. Instead, the prosecution can reduce your charges for simple trespass. Under California PC 602, simple trespass is a misdemeanor. A conviction for this offense results in less severe legal and collateral consequences.
Mistaken Identity
You can avoid a conviction for aggravated trespass by arguing that you are a victim of mistaken identity. Most instances of trespass occur at night. So, victims or witnesses may find it challenging to identify the trespasser. If you threaten the victim, they may assume you are the perpetrator.
Using this defense for your case requires you to prove that you did not enter the property. If the witnesses insist you are the trespasser, you can provide an alibi to undermine the testimony.
False Allegations
Aggravated trespass is a serious offense. The criminal and collateral consequences of a conviction for this offense are life-changing. Unfortunately, PC 601 cases built on groundless allegations are common. You can face false allegations from someone you have a bad relationship with. Additionally, the perpetrator of the offense can attempt to pass liability for the offense to you.
You will need a skilled attorney if you believe you are a victim of fake allegations. Your lawyer will help you gather the necessary evidence to uncover the false claims and avoid conviction.
Violation of your Constitutional Rights
Law enforcement must respect your constitutional rights during investigations and arrests. The U.S. Constitution protects you against:
- Coerced confessions
- Interrogations without proper Miranda warnings
- Unlawful searches and seizures
You can use violating your constitutional rights to defend against aggravated trespass charges.
Insufficient Evidence
Before you face a Penal Code 601 conviction, the prosecution must prove all the elements of the crime. Aggravated trespass requires more than entering into someone else’s property. It requires evidence of your intent to intimidate or harm the occupant.
The prosecutor relies on physical evidence, circumstantial evidence, and witness testimony. Sometimes, the prosecution lacks the necessary evidence to prove aggravated trespass. You can avoid a conviction for aggravated trespass by arguing that the trial failed to meet its burden of proof.
Entrapment
Entrapment occurs when law enforcement induces a person to commit a crime they would not have committed otherwise. You can argue that the police officers forced you into entering the property. Under these circumstances, you can face lesser penalties for your offense.
How Does Aggravated Trespass Differ From Simple Trespass?
Understanding the difference between simple trespass and aggravated trespassing is critical. Simple trespass involves entering or staying on another person's property without permission. The offense is addressed under CPC and does not involve threats or violence. You will face a misdemeanor charge for simple trespass. A conviction under this statute will result in a jail sentence of one year and a $1,000 fine.
On the other hand, aggravated trespass involves threats of harm accompanied by unauthorized entry. Other factors that can aggravate your trespass charges include:
- The use of weapons
- Prior criminal history
- Causing significant emotional distress to someone else.
Aggravated trespass attracts wobbler charges. For this reason, the prosecution can file a misdemeanor or felony charge against you. Familiarizing yourself with PC 601 and 602 elements helps you understand your charges and build a solid defense for your case.
Find a Competent Criminal Attorney Near Me
If you enter another person's property without permission, you could face an arrest and charges for trespass. Trespass is a misdemeanor offense that can result in a six-month jail sentence. However, you can face aggravated trespass charges if you enter the property after threatening its owner.
Unlike trespass, aggravated trespass can attract felony or misdemeanor charges. In addition to serving in prison, the conviction can taint your criminal record.
Fortunately, not all arrests for aggravated trespass result in conviction. With the guidance of a skilled attorney, you can battle the charges and have the charges lowered or dropped. At Long Beach Criminal Attorney, we defend clients battling criminal charges in Long Beach, CA. Call us at 562-308-7807 today to discuss your case your case.