Trespassing and The Law In California

WHAT IS TRESPASSING?

Trespassing occurs when one knowingly enters another person’s property without permission and causes any kind of damage, no matter how small. In these instances, a defendant can be charged with trespassing under California Penal Code Section 602 PC. While there are many different forms of trespassing, all adhere to the same law.

WHAT IS CONSIDERED TRESPASSING?

Trespassing might seem pretty straightforward, but there are some actions deemed as trespassing that might not come to mind. Some examples include:

Putting up a fence on another’s property
A roof that hangs over a neighbor’s property
Dumping debris on someone else’s property
Entering the property to interfere with business
Entering someone’s property with the intent to damage
Unlawfully occupying another’s property
Refusing to leave a public building when said building is closed to the public

TRESPASSING IN CALIFORNIA

In California, the law can be pretty harsh depending on the severity of the crime and if there was damage done. Here are some examples that would be considered trespassing:

Entering and occupying the property of another person without consent.
Entering any fenced property with a ‘no trespassing’ sign without the owner’s permission
Taking wood or timber from another person’s property without their permission

There are many times that one could have charges pressed in relations to trespassing. Since it is such a broad subject, consequences and defense are, also, broad.

WHAT ARE THE CONSEQUENCES?

In California, trespassing can be considered a misdemeanor criminal offense. In many cases, the consequences depend on the severity of the crime and what parts of the property was damaged. This conviction could have a minimum sentence of $100 and a possible maximum sentence of one year in jail. However, if there was a threat of bodily harm on the property, then the event can be charged as an aggravated trespass. This crime could be charged with a misdemeanor or felony with a maximum sentence of three years in prison.

COMMON DEFENSES AGAINST TRESPASSING

The severity of a trespassing crime can range from high to low, which means that there are lots of opportunities for the defense. One defense against trespassing is that said person had permission of the property owner to enter the property or has the right to use the property without possessing it. In this case, the defendant has to prove the entitlement to limitations. Another common defense is that a law enforcement officer was performing their duty in a reasonable way. Officers are privileged to make an entry to do their duties and are justified under the reason of authority.

LOCAL STORIES ABOUT TRESPASSING

In California, a handful of the residents are celebrities and every now and then, trespassers come onto their properties. In Los Angeles, a man was seen scaling a wall of Rihanna’s estate. Soon after, Jonathan Wooper was arrested by the cops and brought into custody. Wooper claimed to know the superstar and was deemed delusional. In this case, Wooper was charged with criminal trespassing and burglary. If you have been accused of trespassing, contact an experienced criminal defense attorney.

619-800-4449 760-201-9839 Contact Us Now!

Trespassing