California Trespassing Laws
Trespassing is a crime with a lot of complexities. Often, it can be committed without the individual realizing it or you could trespass without realizing the severity of your actions. It’s worth it to take some time to understand trespassing laws so you can know how you will be impacted by them.
What Counts as Trespassing?
In general, trespassing is any activity that infringes on someone’s property rights. There are four main classifications. The first two are fairly similar. You can be charged with trespassing if you enter someone’s property with the intent to inflict damage. It is also trespassing if you enter someone’s property with the intent to interfere with their business. The final two classifications are also similar. It is trespassing if you enter someone’s property without their consent or if you refuse to leave the property after you’ve been ordered to.
Consequences and Defenses
Your first incidence of trespassing in California is typically seen as an infraction. On its own, this does not carry severe consequences. However, if you have multiple infractions it can become more serious. You will eventually be charged with a misdemeanor. Consequences of receiving a trespassing charge include jail time and hefty fines. To defend your case, you could claim that you had consent or a right to be on the property. In some cases, you could also use lack of a sign or a fence as a defense. However, this is mostly applicable to first time infractions. Depending on what type of trespassing you are charged with, you could also claim that you didn’t interfere or obstruct anything while on the property.
It is very common for trespassing charges to accompany other additional charges. This is often because trespassing is usually done to achieve another purpose. In addition to being charged with trespassing, you could also be charged with theft, vandalism, burglary, and more. Domestic violence charges are often accompanied by trespassing charges. If you’ve received additional charges along with trespassing, it is in your best interest to reach out to a criminal defense attorney to help you with your case.
Trespassing charges can become complicated. It is difficult to navigate your charges on your own. Hiring a criminal defense attorney can help you understand your case better, including what exactly you are charged with, and they can help you build your defense.
Contact the Law Offices of Bradley Corbett to assist on your case.
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.