Trespassing is a crime that involves entering or remaining on someone else’s property without permission. Under California Penal Code section 602, it is illegal to enter or remain on someone else’s property without the owner’s permission or a legal right to be there. Trespassing can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant’s criminal history.
There are several different types of trespassing, each with its own set of penalties. These include:
- Simple trespassing: This is the most basic form of trespassing and involves entering or remaining on someone else’s property without permission or a legal right to be there. Simple trespassing is generally charged as a misdemeanor, punishable by up to six months in county jail and a fine of up to $1,000.
- Trespassing with the intent to interfere with the property: This form of trespassing involves entering or remaining on someone else’s property with the intent to interfere with the owner’s use or enjoyment of the property. This can include activities such as graffiti, vandalism, or planting seeds on the property. Trespassing with the intent to interfere with the property is generally charged as a misdemeanor, punishable by up to six months in county jail and a fine of up to $1,000.
- Trespassing with the intent to commit a crime: This form of trespassing involves entering or remaining on someone else’s property with the intent to commit a crime while on the property. This can include activities such as burglary or theft. Trespassing with the intent to commit a crime is generally charged as a felony, punishable by 16 months, 2 years, or 3 years in state prison and a fine of up to $10,000.
- Trespassing on agricultural land: This form of trespassing involves entering or remaining on someone else’s agricultural land without permission or a legal right to be there. Agricultural land is defined as land that is used for the production of crops, livestock, poultry, or other agricultural products. Trespassing on agricultural land is generally charged as a misdemeanor, punishable by up to six months in county jail and a fine of up to $1,000.
In order to be convicted of trespassing, the prosecution must prove that the defendant entered or remained on someone else’s property without permission or a legal right to be there. This means that the defendant must have acted with the intent to enter or remain on the property, or with a reckless disregard for the fact that they were not allowed to be there. Accidentally entering or remaining on someone else’s property, without any intent or recklessness, is not sufficient to support a conviction for trespassing.
There are several defenses that may be available to someone charged with trespassing. For example, the defendant may be able to argue that they had the owner’s permission to be on the property, or that they were acting in self-defense or in defense of others. The defendant may also be able to argue that they had a legal right to be on the property, such as a license or easement.
In addition to criminal penalties, a conviction for trespassing can have other consequences, such as damage to the defendant’s reputation, difficulty finding employment, and difficulty obtaining loans or other financial assistance. It is important for anyone charged with trespassing to seek the assistance of an experienced criminal defense attorney who can help them understand their rights and options and mount a strong defense against the charges.