California trespass laws make it unlawful to remain on or enter another person's property without a legal right or owner's permission. The laws ensure that people respect others' properties, even when they are related, be they friends, enemies, or strangers. Trespassing involves a wide range of acts against another person's property without consent. Some actions are prevalent and are considered legal, while others are highly unusual. It helps to know the legal implications of trespassing to be prepared if you face criminal charges for the same in Santa Ana, CA. Our legal team at California Criminal Lawyer Group will walk you through all legal processes, fight with you and support you until you obtain a fair result for your situation.

Legal Definition of California Trespass

Entering or remaining on another person's property is illegal in California if you do it against the owner's consent or without legal right. California law against trespass is a little complex and could confuse you. Criminal trespass comprises a series of actions that could otherwise be considered legal but are unlawful because they violate set laws meant to protect personal property. It helps to work closely with a skilled criminal lawyer to understand whether your actions satisfy the elements of this offense and what you can do or not to avoid a conviction.

The law against criminal trespass is under California PC 602. The statute provides several ordinary acts that appear legal to some people but are unlawful and could result in serious criminal charges. Examples of those acts include:

  • Entering another person's property planning to steal or damage the property
  • Entering another person's property planning to interfere with or construct the activities or business that happen there.
  • Failing to leave a person's property even after they have asked you to
  • Entering and occupying another person's property without their consent or legal right

Some forms of criminal trespass are extreme and could include acts like:

  • Taking a part of another person's property without permission, like a stone, dirt, or soil
  • Picking shellfish and oysters from another person's property without permission
  • Failing to submit to screening in a court or airport

The legal description of criminal trespass is pretty complex. Thus, it would be best if you had the guidance and support of an experienced criminal lawyer to understand whether your actions satisfy the legal requirements and your options. Your lawyer will consider the elements of the offense, as provided under this statute to determine whether you are guilty as charged. These elements or facts of the crime are what the district attorney must prove beyond reasonable doubts for the court to find you guilty. They are:

  • That you willfully or intentionally entered another person's property
  • You did so with a specific intent, including interrupting the owner's rights.
  • You interfered with the owner's rights, for example, by causing damage to their property or disrupting the day's activities.

Note that trespassing does not entail breaking into another person's property or forcefully entering the said property. Actions like those will result in other criminal charges like burglary.

Let us discuss the elements in greater detail to understand better the legal definition of criminal trespass under California laws.

Willfully Entering A Property

Criminal trespass involves a willful act. A willful act is deliberate or done on purpose. It is not an accidental act whereby you find yourself on someone else's property by mistake without intending to be there. It means that you entered the said property of your own free will, knowing too well that the property belonged to another person.

However, a willful act does not mean you intend to commit a crime or gain an advantage over the property owner. It only means that your actions were deliberate.

Specific Intent

Criminal trespass requires entering another person's property with a specific intent, not just for fun. Specific or clear intent means you had a motive you intended to achieve while there. It could be that you wanted to steal an item while in there, damage or destroy part of the property to disrupt any activities there.

When your actions have a specific intent, they are deliberate, and you also have an intended outcome.

Example:

Lydia is walking home from work one evening. It is dark, and she is afraid. A few people are walking the streets at that time of the night. Lydia is particularly afraid of the two men walking behind her. She is convinced that they are following her, intensifying her fear. A few blocks from her home and runs inside an open office building screaming for help. She is visibly terrified. Sadly, she disrupts an important meeting. But someone comes to her rescue, calms her down, and offers to walk her home.

Even though Lydia entered another person's property without the right to be there or the owner's permission, she did not do so with specific intent. In that case, Lydia is not guilty of trespassing.

Actual Interference with Property Rights

Criminal trespass is not complete until you interfere with the property's rights. Interfering with property rights could occur when you damage the property or interfere with the business activities happening on that property. The prosecutor must demonstrate that the actual disruption or damage happened for the court to find you guilty under this statute.

Thus, if you entered another person's property planning to disrupt business while there or damage property but failed, you will not be criminally liable under this law.

Example:

Willy is laid off alongside other domestic workers. The factory owner is facing financial difficulties and cannot keep the factory operating and making profits as it did in the past three years. Willy is not happy with the owner's decision. Thus, he incites his friends and colleagues to march into the factory owner's office to demand an explanation.

The plan is for the team to start shouting and chanting once they enter the factory gates. They intend to bring business to a standstill and cause chaos to get even with the factory owner.

But once inside the gate, Willy and his friends are met by a very kind manager who promises to give them good recommendations to find other jobs.

While Willy and his friends trespassed into the factory, they did not interfere with its operations or cause property damage. Thus, they are not guilty of criminal trespass.

Occupying Property Without Owner's Consent

You also violate trespass laws when you occupy another person's property without its owner's consent. Occupying a property means staying in the property continuously and for a considerable period.

Example:

Jimmy relocates his family to another state, where his wife finds better employment. It takes a while before Jimmy sells his property. In the meantime, a homeless man starts living in Jimmy's home without his authorization. The homeless man is guilty of criminal trespass because he did not seek Jimmy's consent to live on this property.

Penalties, Punishment, and Sentencing Guidelines for a Trespass Conviction

The trespassing charges you face in Santa Ana depend on the circumstances of your case and your criminal history. Generally, criminal trespass in California is prosecuted as:

  • An Infraction
  • A misdemeanor
  • A felony, though in limited circumstances

The majority of criminal trespass cases in California are charged as misdemeanors. If you receive a misdemeanor conviction under Penal Code 602, you will likely receive the following penalties:

  • Summary or misdemeanor probation
  • Not more than six months of jail time
  • Court fines of not more than $1,000

But, some cases of misdemeanor charges for trespassing could carry a longer jail sentence of one year, for instance, if you trespassed or failed to vacate a battered women's shelter even after its manager asked you to leave.

Misdemeanor probations last for between one and five years. The court directly supervises you during the probation period. You must also return periodically to the court for the judge to assess your progress and ensure that you have complied with all probation terms and conditions like paying court fines, paying restitution, and completing community service.

Criminal trespass is charged as an infraction if it is the simplest form and does not result in injury or property damage. For instance, if you intentionally entered another person's property without their permission, and the property is enclosed or fenced, or has a written sign of 'no trespassing. Penalties for trespassing as an infraction are a little lenient and could include:

  • Court fines not exceeding $75 for first offenders
  • A fine of $250 for second and subsequent offenders

Remember that if you trespass on the same property more than twice, you will face misdemeanor charges instead of infractions.

Felony charges for trespassing occur in the presence of aggravating factors. Aggravating factors increase the culpability and severity of a criminal offense. A trespassing offense is considered aggravated if:

  • You made credible threats to cause a person severe injuries, planning to cause the person immense fear for their safety or that of their immediate family.
  • Within 30 days of threatening the person, you entered their property or place of work planning to accomplish the threat.

Aggravated trespass is a wobbler in California. It means that the prosecutor can charge it as a misdemeanor or felony based on the details of the crime and your criminal background.

A misdemeanor conviction for aggravated trespass is punishable by one year of jail time and a maximum fine of $2,000.

A felony conviction for aggravated trespass carries a more severe sentence that could include:

  • Sixteen months, two or three years in jail
  • Felony or formal probation

Felony probation is given as an alternative to prison time. It allows felons to serve part of their complete prison sentence out of incarceration, though under the supervision of a probation officer. However, not all convicted felons qualify for probation. The judge determines your eligibility by considering several factors, including your criminal history and the gravity of the offense committed.

Felony probation can last for between two and five years. The judge will give you probation terms and conditions that you must adhere to during the probation period. Some conditions include regularly reporting to a probation officer, paying court fines, and restitution.

Expungement of a Trespass Conviction Record

A conviction for criminal trespass happens when the prosecutor successfully proves all elements of the offense. Besides serving time behind bars and paying hefty fines, a criminal conviction has life-changing consequences. For instance, it will leave you with a damaging criminal record that will affect several aspects of your life, like your career and social life.

Expungement gives you a fresh start in life. It enables you to live life without the penalties and disabilities that come with a conviction. Fortunately for you, this is allowed after a conviction for criminal trespass.

If you wish to have the court expunge a trespass conviction from your criminal history, you petition the same court where the sentence was made. The judge will review your situation and grant or deny your request. In most cases, expungement petitions are granted if the petitioner has completed their penalties, including time in jail, probation, and payment of court fines and other fees.

If you wish to apply for an expungement before completing probation, you can apply for early termination of your probation. If the judge agrees to terminate your probation before its time, you can apply for expungement of the conviction.

Remember that the judge can deny your expungement petition if you violate your probation or are facing a different criminal charge.

How to Fight Your California Trespass Charges

A criminal trial allows a fair trial for all defendants. You are entitled to table evidence in court to fight your charges for a more favorable outcome for the case. Fortunately, California laws allow several legal defense strategies that your competent criminal lawyer can use on your case to compel the judge to drop or reduce your charges. Even though you already feel guilty as charged, it does not help to despair. You still receive an opportunity to fight and change the outcome of your situation. Based on the facts of your case, your attorney can use one or more of the following legal strategies:

You Have a Legal Right To the Property

Criminal trespass charges occur when you enter another person's property without the right to be there. Your charges will not hold if you know you have a right to be on that property. It could be that you were illegally laid off from work and had to go back to pick up your personal belongings or demand an explanation. Or, you are a representative of a particular union for domestic workers and have to visit their workplaces from time to time to inspect their working conditions. Your attorney will demonstrate your legal right on that property for the court to dismiss your charges.

Example: Suzie is a personal injury attorney. She offers legal representation to workers that incur injuries in their places of work. Suzie receives a call from an office worker that slipped and fell while walking to her office. The injured claim that the entire floor of the building she works in is slippery and dangerous for everyone. Suzie needs to inspect the floors to prepare her case, but the management will not allow her in. The manager calls the police on her, accusing her of criminal trespass.

The nature of Suzie's work allows her to visit her clients in their places of work to gather evidence and collect their statements after a personal injury. Thus, Suzie is not guilty of criminal trespass because she had a right to be in that office.

You Had the Owner's Authorization to be on Their Property

If you face trespass charges for remaining on another person's property but had the owner's consent to stay on their property, your charges will not hold. A property owner's permission gives you the legal right to remain on or enter their property. But you must demonstrate consent in court for the judge to dismiss your charges.

Example: After losing her job over two months ago, Faith seeks the help of her friend June. June relocated to another state, leaving behind a fully furnished apartment. Faith only needs to stay in June's apartment for a few weeks as she seeks another employment. But she can not find a job as quickly as she had hoped.

A month after moving into June's apartment, June asks Faith to move out as she wants to rent the apartment. But Faith does not have a place to go. She stays put, and June is forced to call the police on her.

Faith is not guilty of criminal trespass since she had her friend's consent to remain on her property. But staying on the property long after the owner asks her to vacate could result in criminal charges.

You Did Not Occupy Another Person's Property

The legal description of occupying another person's property under this statute is to deprive the property owner of their property's use and enjoyment and do so for a continuous and substantial period. Entering another person's property briefly without criminal intent does not satisfy the elements of criminal trespass. Thus, your attorney can use this defense to compel the court to dismiss your charges.

Remember that California PC 602 requires you to enter another person's property and occupy it to be guilty of trespassing. If that did not happen, then you are not culpable.

You Did Not Interfere or Obstruct Business or Activities of the said Property.

The last element of criminal trespass requires you to at least interfere or obstruct the business or activities on the said property. Remember that you will not be guilty if the prosecutor does not prove all the elements beyond a reasonable doubt.

California PC 602 makes it unlawful for you to enter another person's property planning to interfere with or obstruct the business and activities on that property. Additionally, you must interfere with or obstruct the business or activities happening on that property to be guilty. If not, you will not have committed the offense.

Engaging in an act other than interfering with the activities on the said property does not satisfy elements of this offense.

The Property was Not Properly Marked/Signed

Trespassing as an infraction makes it unlawful for you to enter a signed property without the right to be there or the owner's authorization. If you entered a land that was not marked 'no trespassing' or not enclosed, you would not be guilty.

California Trespass and Related Offenses

California law has certain offenses that are closely related to trespass laws. Some crimes are filed alongside trespass, while the others are charged instead of trespass. The most common of these offenses are:

Burglary — California PC 459

It is the law against entering another person's property to commit theft or another felony offense while there. Burglary is a felony if committed in another person's home. It is a wobbler offense if committed on a different type of property. A felony charge for burglary is punishable by up to six years of prison time.

Vandalism — California PC 594

Vandalism occurs when you deface, damage, or destroy another person's property. If that happens when you are illegally on the said property, you will face charges for both vandalism and trespassing.

Vandalism is a wobbler offense, charged according to the value of the damaged, destroyed, or defaced property. For instance, you could face misdemeanor charges if the value of the vandalized property is $400 or less and a felony if its value is more.

Find a Competent Santa Ana Criminal Attorney Near Me

Do you or someone you know face trespass charges in Santa Ana, CA?

Start by understanding your charges' legal meaning and implication, and then your legal options. A competent criminal attorney will offer any legal assistance you need, including walking you through the legal process and fighting your charges in court. Our California Criminal Lawyer Group team is willing and ready to fight by your side until you obtain a fair ruling for your case. Call us at 714-844-4151 to understand more about our services and your options.