Criminal Trespass Lawyer in Los Angeles
More Than 50 Years of Combined Experience
The state of California prohibits trespassing. Under California Penal Code § 602, the crime known as criminal trespass can involve many different types of situations and actions. These situations all involve the underlying offense of entering or remaining on another’s property without permission. If you or someone you know has been charged for criminal trespass, our Los Angeles criminal attorneys are prepared to put more than half a century of experience to work for you.
What Is Considered Criminal Trespass?
Criminal trespass can occur when any person enters another’s property, or remains on another’s property, without permission from the property owner or the right to do so. Criminal trespass is typically a misdemeanor offense and may involve a number of situations.
Examples of common acts considered criminal trespass under PC 602 include:
- Entering property where there are signs prohibiting trespassing.
- Opening, tearing down, destroying or leaving a fence open on another’s enclosed land.
- Building fires on another’s land where trespass forbidden signs are displayed.
- Entering any land with the intent to damage property or interfere with owner’s business.
- Refusing to leave property after being asked by owner.
- Entering and occupying another’s property.
Because there are many situations detailed under California’s trespass law, this charge can be complicated. At its core, criminal trespass usually involves three elements: (1) intentionally entering another’s property without permission, (2) intent to interfere with another’s property rights, and (3) actually interfering with property rights, such as damaging property.
Penalties for Trespassing
- A minor infraction for trespassing could result in a simple $100 fine.
- A misdemeanor criminal trespass may include up to six months imprisonment, a fine up to $1,000, or both.
- Aggravated trespassing can include up to 1 year imprisonment and up to $2,000 in fines.
If a person threatens physical injury to another and later enters their home or place of work without permission, this can result in felony charges for aggravated trespass and lead to longer terms of imprisonment. Our lawyers can help you understand the nature of your charge and what penalties may be involved.
Defenses for Trespassing Charges
There are several common defenses that can be used against trespassing charges:
- Poor marking of the property, such as lack of signage to indicate a prohibited point of entry
- The owner may have given you permission to enter the property, whether implied or explicit
- You may have needed to enter the property in order to reclaim something that belongs to you
Our team is ready to help defend your charges and prevent you from facing tough penalties that can negatively impact you. Whether that results in a lesser charge, reduced penalties, or a complete dismissal, we are prepared to fight for you.
Discuss Your Case Personally With a Lawyer
At Lessem, Newstat & Tooson, LLP, our award-winning criminal defense attorneys have helped numerous clients protect themselves against criminal charges and penalties. Our legal team is prepared to represent anyone charged for criminal trespass, including misdemeanor and felony charges.
We are available 24/7 and encourage you to contact us for a free legal consultation.