When you access another person’s property without his/her permission and with an intent to inflict injury to another person or to cause damage to the property, you will have a violation of Penal Code 601. Aggravated trespassing takes many forms. They include unlawfully entering a property, remaining on a property after being requested to leave, or interfering with lawful activity on a property. Convictions result in long-lasting consequences. These include a criminal record that will impact future employment, access to credit, housing, and educational opportunities. Competent attorneys review the cases, analyze the evidence, and develop strategic defenses to fight the charges. We commit to go just that. Contact the California Criminal Lawyer Group if you face aggravated trespass charges in Santa Ana.

Aggravated Trespass Under California Law

Before addressing aggravated trespass, let us differentiate this crime from trespass.

Trespass under PC 602 involves entering or remaining on someone else's property without the owner's consent, license, or legal right. Aggravated trespass is a more serious offense. It involves intentionally trespassing with the intent to cause harm or damage to property or people. This can include entering a property to disrupt lawful activity, causing property damage, or using threatening or abusive behavior toward people on the property.

While both offenses involve entering or remaining on another person’s property without his/her consent, aggravated trespass involves intentionally trespassing with the intent to cause harm or damage to property or people.

Here are some examples of actions that constitute aggravated trespass:

  • Entering a construction site and damaging equipment with the intent to disrupt or delay construction.
  • Entering business premises with the intent to steal merchandise or vandalize the property.
  • Entering a government building intending to disrupt a public meeting or government activity.
  • Entering a religious institution with the intent to disrupt a service or damage property.
  • Entering a sporting event or concert venue intending to disrupt the event or cause harm to people or property.
  • Entering a hospital or healthcare facility to cause harm to patients, staff, or property.
  • Entering a public vehicle or station with the intent to disrupt service or cause harm to people or property.

These are just some examples of actions that constitute aggravated trespass. The exact circumstances of each case will determine whether the offense is charged as aggravated trespass and what specific penalties apply.

Elements Under Penal Code 601

Prosecutors will only secure a conviction if they prove the following elements:

  • You made a serious threat to inflict serious physical harm to another person.
  • You made the threat intending to cause your target reasonable fear for their safety or the safety of their family.
  • You illegally entered your threat victim’s premises within 30 days of issuing the threat without a legal reason to be on the premises, OR
  • You illegally entered an individual’s workplace within 30 days of issuing the threat knowing that the workplace was your threat victim’s place of work. Further, you must have accessed the workplace intending to carry out the threat.

Note: Prosecutors do not have to demonstrate willful action on your part for you to be found guilty of aggravated trespass. Additionally, aggravated trespass does not involve accessing your premises: that is, your workplace, residence, or real property.

Let us look at key elements of aggravated trespass.

  1. Credible Threat

A threat is credible if you issue it with the intent and present ability to carry it out. Additionally, the threat should cause a reasonable person to fear for his/her safety or the safety of their immediate family. You can issue a threat verbally, in writing, or through electronic communication. Courts look at the totality of the circumstances, including the:

  • Content and context of the threat,
  • Relationship between the parties, and
  • History of violent or threatening behavior.
  • To determine whether the threat is credible.

Further, some factors help determine whether the threat was credible. They include:

  • The specificity and immediacy of the threat.
  • The use of a weapon, and
  • Evidence of stalking or harassment.

Note: A credible threat can also be communicated indirectly. It could be communicated through a third party or in a manner that is not easily traceable. This includes threatening the victim through an anonymous email or social media post.

  1. Serious Bodily Injury

The courts deem an injury to be serious if it involves:

  • A substantial risk of death.
  • Serious permanent disfigurement or
  • protracted loss or impairment of bodily function.

Some common examples of injuries that meet this threshold include the following:

  • Injuries that result in significant physical pain or suffering — Examples include broken bones, severe burns, or deep cuts requiring stitches or surgery.
  • Injuries that cause long-term or permanent impairment of bodily function — Examples include the loss of a limb, blindness, or paralysis.
  • Injuries like gunshot wounds, stab wounds, or traumatic brain injuries create a substantial risk of death.

  1. Reasonable Fear

Reasonable fear refers to the fear of physical harm or injury.

Courts consider various factors when assessing reasonable fear. Some of the factors include the following:   

  • The nature and severity of the threat,
  • The relationship between the parties, and
  • The history of violent or threatening behavior.

Courts also consider the case's specific facts. These include the time, place, and manner of the conduct. It is worth noting that fear does not have to be objectively reasonable for it to be reasonable. It only matters if the victim perceives the threat as credible enough to cause him/her to reasonably fear for his/her or their family’s security.

  1. Immediate Family

For purposes of Penal Code 601, immediate family includes:

  • The victim's spouse, parent, child, sibling, or
  • Any other person who regularly resides in the victim's household.

Defenses You Can Raise in an Aggravated Trespass Case

There are several defense strategies you can opt for to challenge an aggravated trespass charge. Below are some common defenses that have resulted in the best legal outcome based on the facts of a case.

  1. Lack of Intent

Unlike trespassing, intent to commit is necessary in aggravated trespass cases. The state must demonstrate that you accessed another person’s place of business or premises to cause the victim harm or damage his/her property. Alternatively, prosecutors should prove that you intended to interfere with your victim’s use of the property.

You are not guilty of aggravated trespass if prosecutors fail to prove criminal intent,

There are various strategies defense attorneys employ to establish a lack of it, namely:

  • Proving mistaken identity — Your attorney could argue that you were mistaken for someone else who committed the trespass. This situation is highly likely in cases where the property owner mistakes you for a previous trespasser. You could also be mistakenly identified as the perpetrator because you resemble the offender.
  • Proving that the property owner permitted you to access the property — Your defense attorney could present evidence showing you had permission to be on the property. These include emails, text messages, or other forms of communication between you and the property owner. This evidence will also support your innocence if you were on the property for a legitimate reason.

  1. Consent From the Property Owner

Consent can be express or implied. Proving consent is pivotal in your defense against aggravated trespass charges.

Defense attorneys may use various strategies and methods to prove this element. Here are some possible ways:

  • Establishing express permission — Defense attorneys could present evidence that the property owner gave you express consent to enter the property. For example, they could introduce written or verbal communication between you and the property owner to the jury, demonstrating that permission was granted.
  • Showing implied permission — Alternatively, attorneys could argue that you had implied approval to be on the property based on the circumstances. For example, if the property owner regularly allows people to enter the property without express permission, like a public park, it is reasonable for you to believe that you had implied consent to be there.
  • Proving necessity: Your attorney could assert that your entry onto the property was necessary to avoid harm or injury. For example, you could have entered the property to rescue someone in danger or to retrieve personal property.

This defense can be limited by certain factors, like the scope of the consent given by the property owner. For example, suppose the property owner only permitted you to enter the property for a specific purpose or during a particular period. In that case, you could still face trespassing charges if you exceed the scope of that permission.

  1. No Credible Threat

The defense of "no credible threat" in aggravated trespass cases involves arguing that there was no credible threat of violence or harm made by the defendant towards the victim or property owner. This defense directly challenges the threat allegations leveled against you.

You must present evidence demonstrating that you made no threatening statements or gestures toward the victim or property owner. You could assert that your actions were not intended to be threatening or intimidating and were merely incidental to your conduct. Your attorney could also argue that the victim or property owner did not have a reasonable fear of harm or violence from your actions.

Some credible evidence you can rely on while using this defense includes the following:

  • Lack of communication — If there is no evidence of you issuing threatening statements or gestures towards the victim or property owner, you did not issue a credible threat. You will require witness testimony or surveillance footage demonstrating no communication or interaction between you and the alleged victim or property owner.
  • Absence of weapons or violent behavior — If you did not carry any weapons or engage in any violent behavior, this could also suggest that there was no credible threat. Your attorney could present witness testimony or security footage showing you did not engage in aggressive behavior towards the victim or property owner.
  • Lack of motive — If there is no evidence that you had any reason to harm or threaten the victim or property owner, this could suggest that there was no credible threat. The defense attorney could present evidence that you had no history of conflict with the victim or property owner and no motive to engage in threatening behavior.
  • The victim or property owner's response — If the victim or property owner did not respond in a way that suggests they perceived a credible threat, presenting this finding to the jury will support your innocence. Your attorney will show that the alleged victim or property owner did not express fear or anxiety. Further, he/she took no measures to protect themselves or their property.

  1. No Intent to Cause Fear

Defense attorneys also challenge the prosecution’s claims by disputing the allegations that the defendant intended to cause fear. This defense requires proving that your actions were a form of communication or expression and not an intimidation tactic.

Several pieces of evidence help support the “no intent to cause fear” assertion. They include the following:  

  • Prior history — If you have no record of aggressive or threatening behavior towards the victim or property owner, you likely have no motive or reason to engage in threatening behavior towards the victim or property owner.
  • Your testimony — Your attorney could require you to testify. This is an opportunity for you to explain your intentions and motivations for your behavior. You could provide insight into your mind and whether you intended to cause fear or intimidate the victim or property owner.
  • Witness statements — Witnesses who observed your behavior or the incident in question could testify to the circumstances leading to your actions. It is also an opportunity to offer a balanced account of the events other than the account provided by the prosecution’s witnesses.
  • Physical evidence — Physical evidence, including video or audio recordings of the incident, could help prove your lack of intent to cause fear or intimidate the victim or property owner.
  • Contextual factors — Context matters in every situation. Your behavior occurred in a particular context and should be considered when assessing whether you intended to cause fear. For example, your attorney could argue that you engaged in lawful protest or other protected speech that should not be considered threatening or intimidating.

Note: The First Amendment protects individuals’ rights to demonstrate peacefully. You can argue that you were peacefully demonstrating if you are arrested for aggravated trespass. Additionally, you can assert that your statements are covered under the First Amendment if they constitute political speech or other forms of expression generally protected under the law. However, the First Amendment does not protect all statements. For example, the First Amendment does not protect speech that constitutes an actual threat or intends to incite imminent lawless action. In these cases, a person accused of making such statements cannot use the defense of free speech to avoid criminal liability.

Penalties You Could Face if Convicted of Aggravated Trespass

A violation of Penal Code 601 is a wobbler offense. You risk facing misdemeanor or felony penalties.

If convicted on misdemeanor charges, you will face the following penalties upon conviction:

  • Summary or misdemeanor probation instead of jail time,
  • A maximum of one year in jail and/or
  • A fine of up to $2,000.

If convicted on felony charges, you will face the following penalties upon conviction:

  • Formal or felony probation instead of jail time,
  • A maximum of three years in jail and/or
  • A fine of up to $10,000.

Consequences of a Conviction on Your Immigration Status

Aggravated trespass can be a deportable offense depending on the case's circumstances. Non-citizens under immigration law risk deportation if they commit certain criminal offenses. These include crimes involving moral turpitude (CIMTs) or crimes that threaten national security or public safety. Whether or not aggravated trespass under Penal Code 601 is considered a CIMT will depend on the specific facts and circumstances of the case, as well as the interpretation of immigration law by immigration authorities.

In general, crimes involving intentional harm to another person or demonstrating a significant disregard for the law could be considered CIMTs and could result in deportation.

Consequences of a Conviction on Your Gun Rights

California Penal Code 29800 makes it illegal for specific individuals to possess firearms. If convicted of a felony for a PC 601 violation, you will lose your gun rights. If you are found in possession of one after your conviction, you will violate PC 29800. Violations of Penal Code 29800 can result in serious criminal penalties, including imprisonment and fines.

Offenses Related to Aggravated Trespass

  • Trespass, a PC 602 violation.
  • Criminal threats, a PC 422 violation.
  • Burglary, a PC 459 violation.

  1. Trespass

Under Penal Code 602, trespass is entering or remaining on someone else's property without the owner's permission or lawful authority. Several types of trespass can be charged under Penal Code 602 PC, including:

  • Entry onto land or property without permission.
  • Refusal to leave a property after being asked to do so.
  • Entry onto property despite being warned not to do so by the owner or someone authorized by the owner.
  • Disrupting business activities on someone else's property.

Prosecutors must show that you intentionally entered or remained on another person's property without permission or lawful authority. Additionally, you must or reasonably should have known you had no right to be on the property.

The penalties under PC 602 vary depending on the facts of the case. Generally, the first offense is simple trespass. They are misdemeanor violations and can be punished by:

  • Imprisonment in jail for up to six months and/or
  • A fine of up to $1,000.

  1. Criminal Threats

It is a violation of PC 422 to issue a verbal or written statement that threatens to commit an act resulting in death or significant bodily injury to another person.

The state makes its case by proving that:

  • You willfully threatened to commit a crime that would result in death or significant bodily injury to another person,
  • The threat was made with the specific intent to place the other person in fear for their safety, and
  • The threat was communicated verbally, in writing, or electronically.

The threat must be unequivocal, immediate, and specific enough to cause a reasonable person to be in sustained fear for their safety or the safety of their immediate family.

PC 422 violations are wobblers. If convicted of a misdemeanor, you will face up to one year in county jail. If convicted of a felony, you will face a maximum of four years in prison.

  1. Burglary

Under PC 459, burglary is entering a building or structure intending to commit a theft or felony offense.

Prosecutors must show that you entered a building or structure:

  • Without permission,
  • You did so with the intent to commit a theft or felony offense, and
  • The entry was done by force, fraud, or stealth.

There are two types of burglary:

  • First-degree burglary and
  • Second-degree burglary.

A first-degree burglary occurs when the burglary is committed in a private residence. That is a house or apartment. It is referred to as residential burglary.

Second-degree burglary, on the other hand, occurs in all other buildings and structures.

Burglary penalties vary depending on the specific circumstances of the case.

  • First-degree burglary is a felony. A guilty conviction results in imprisonment for two, four, or six years.
  • Second-degree burglary is a wobbler. You could face up to one year in jail if a jury finds you guilty. On the other hand, felony convictions result in sixteen months, two years, or three years imprisonment. In addition to imprisonment, you could also be required to pay fines and restitution.

Contact a Criminal Defense Attorney Near Me

It is in your best interest to understand the potential consequences if you are facing prosecution for aggravated trespass. Seek the guidance of an experienced criminal defense attorney who can help protect your rights and mount an effective defense. A reputable defense attorney can provide invaluable assistance in navigating the legal system, understanding the charges against you, and developing a strategy to achieve the best possible outcome in your case.

With the help of an experienced Santa Ana criminal defense attorney from California Criminal Lawyer Group, you can protect your rights and potentially mitigate the consequences of the charges against you. Contact us today at 714-844-4151 to schedule your appointment.