Trespassing can result in civil lawsuits but, for many people, even worse are the criminal consequences. Keep reading to learn about the definition of criminal trespassing in California. If you have been charged with this or another related crime, contact Law Office of Michael L. Fell at (949) 585-9055 for your free legal consultation.
Elements of Trespassing in California
The elements required to prove trespassing include showing that you intentionally entered or remained on property that belonged to someone else, and that you did so without authorization. There are many defense options to these charges and the prosecution must prove that all three are true in order to get a conviction.
More About Proving Trespassing
Generally speaking, the prosecution will also have to prove the following:
- Intent. You cannot accidentally trespass by the very definition of the crime. For example, if you were hiking and wandered off public land onto someone else’s property on accident, this is not likely to stand up to a criminal trespass charge.
- Warning or notice. It may be the case that the person or company that owned the property you were on is required to either have warning signs that anyone on their property is trespassing, or give a verbal warning to get off their property.
There Are a Few Acts Considered Trespass
In addition to the general definition of trespass, there are also a few specific acts that can be considered trespass. This includes hunting on another person’s land, cutting down trees without consent, and tampering with vending machines. Likewise, entering a motor vehicle without the owner’s consent, or staying in their vehicle without their consent, can be considered criminal trespass.
Potential Penalties for Criminal Trespass
Though criminal trespass is often related to burglary and other theft crimes, it is typically considered to be less serious. In many cases it may be charged as a misdemeanor or an infraction. However, it can be felony depending on the circumstances of the case.
A person who is convicted of criminal trespass can pay a fine, spend a few months in jail, or spend years in jail. The more significant punishments generally coincide with other felonies, such as breaking and entering charges.
Contact an Attorney if You Are Facing Charges of Criminal Trespass
If you are being charged with criminal trespass, it is worth contacting an attorney to find out what your options are. Even if the charge is “just” a misdemeanor, having a guilty plea on your record could haunt you in the future. It is always worth talking to an attorney to explore the various defense options. You can reach Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.