Trespassing on private land can result in civil penalties, but it's more likely to result in criminal charges. The details of this allegation are unclear to a large portion of the California population. Read on if you have been accused with criminal trespass or a similar crime like burglary, and then call Law Office of Michael L. Fell at (949) 585-9055 for a free legal evaluation.

The meaning of criminal trespass in law

Criminal trespass requires that the offender entered or remained on the offender's property without permission. A person must have had the intention to conduct criminal trespass in order to meet this requirement, which implies they must have known they were no longer authorized to be on the property or that they did not have authorization to enter it. As a result, it is unlikely that criminal trespass would be committed if a person accidentally wanders into someone else's property while out for a stroll.

Additionally, a notice or warning must be given. In certain places, a notice must be visible before someone can be prosecuted with trespassing, unless the property owner notifies the intruder immediately that they must leave. Other deterrents that are required by law to prevent trespassing include fences, closed doors, and signs that declare there is no trespassing.

Consequences of a criminal trespass conviction

Due of its connection to burglary, criminal trespass is frequently seen as a theft crime even though it is typically a less serious offense. An infraction or a misdemeanor might apply. Under the correct circumstances, it may constitute a criminal in various states. The particulars of the case will determine how severely it will be regarded and what repercussions will be severe.

For instance, the punishment for illegally entering a dwelling is more severe than for other forms of criminal trespass. If found guilty of breaking into someone else's house without that person's consent, you might spend up to a year in jail and pay penalties of up to $500. While smaller offenses are punished as infractions and only carry a punishment of up to $250, other forms of criminal trespass into nonresidential properties can result in 90 days in prison and fines of up to $250.

In the event that you have been accused of criminal trespass, you should speak with a lawyer

You could be tempted to enter a guilty plea and resume your life if you are just facing a minor charge with no potential jail time. Keep in mind that having a misdemeanor on your record could make it more difficult for you to obtain security clearance and professional licenses. Your former misdemeanor charge may result in a heavier sentence if you are ever charged with a felony. In conclusion, you ought to see a lawyer before pleading guilty. For a free legal consultation, contact Law Office of Michael L. Fell at (949) 585-9055.