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Criminal Trespass In CA

In the state of California, criminal trespass is covered under California Penal Code 602 PC. There are a number of situations where a person could be charged with criminal trespass, and therefore need the help of a bondsman.

Act of Trespass

A person can be charged when they go onto another person’s property with the intent to do damage to the property, intent to interfere or obstruct business activities taking place there or occupy the property without the owner’s permission. A person can also be charged if they refuse to leave the property after being instructed by a property owner or legal authority.

Legal Elements

Attorneys in California know the legal definition of trespass is very complicated. There are certain elements that must be present in a situation for a charge to be valid. It must be proven that a person willfully entered property that was owned by someone else. In other cases, it has to be proven that a person entered the property with the intent to interfere with the property owner’s rights. A prosecutor may also try and prove a person charged with criminal trespass did interfere with the rights of the property owner by causing damage, disrupting the business activities, and more.

Examples

There are a number of common instances when someone could be charged with criminal trespass. People have been charged with trespass when they had an issue with a restaurant owner. They went into the restaurant with the intent to cause disruption and drive away customers. Some have gone into a garage that is not being used and slept there for several nights without permission from the garage owner. Threatening to beat up someone, and a few weeks later going to their workplace to carry out violent threats.

Penalties

In the state of California, criminal trespass is considered a misdemeanor charge. It could earn a penalty of up to six months in a county jail. It could also result in a fine of up to a thousand dollars or both. There are also certain types of trespass charges in California that may only result in a small fine. Should a person enter a home or workplace without the permission of the owner and threaten to cause someone bodily harm, they could be charged with aggravated trespass. This could result in someone being charged with a felony trespass. It’s a charge that could lead to a sentence of up to three years in jail if convicted.

Plea Bargain

A knowledgeable defense attorney will know when it is right to offer a plea bargain. In some situations, a criminal trespass charge is more acceptable than a charge of burglary. This is good because criminal trespass is not considered as serious as having committed a burglary.

Bail Bond

When someone has been charged with criminal trespass and are facing jail time, they may want to contact a bail bondsman. Once a judge sets a bail amount, a bail bondsman will be able to work with the person charged to post the required bail. This could enable them to avoid spending time in jail before their trial.