California Criminal Trespass Law

California trespassing laws are designed to protect an individual’s right to their property by making it illegal for others to enter or remain on that property without permission. This law covers various scenarios ranging from innocuous entries without intent to harm, all the way to entries with criminal intent.

Is Civil and Criminal Trespass the Same Thing?

No, they are different. Civil trespass pertains to violations of one’s rights to enjoy their property and often results in monetary damages. Criminal trespass, on the other hand, is a violation of the law and can result in criminal penalties, such as fines or imprisonment.

Civil Trespass

Civil trespass is rooted in the realm of tort law. It’s a private wrong, meaning it’s an offense against an individual rather than society at large. When someone’s right to enjoy their property is infringed upon, it’s typically addressed through civil remedies.

The primary remedy for civil trespass is compensation for damages. If a property owner can prove that the trespasser’s unauthorized presence caused damage—whether physical damage to the property or loss of its use—they can seek monetary compensation. There might be no need to prove malicious intent; the mere act of trespassing can be enough.

In civil trespass cases, the plaintiff (the property owner) must establish that the trespass occurred based on a “preponderance of the evidence.” This standard means it’s more likely than not that the trespass occurred as described.

Criminal Trespass

Criminal trespass is codified in penal codes and is considered an offense against society. While it’s also about unauthorized entry or occupation, it’s seen as a breach of the public’s peace and order.

In summary, while both civil and criminal trespass concern unauthorized property entry or occupation, their differing foundations, remedies, burdens of proof, and potential repercussions make them distinct legal issues.

What Repercussions Could a Criminal Trespass Conviction Have?

According to California law, criminal trespass is defined as entering or remaining on someone else’s property without permission or a right to do so. Criminal trespass can be charged as either a felony, a misdemeanor, or a non-criminal infraction, depending on the circumstances and the intent of the trespasser.

If you are convicted of misdemeanor trespass, you face up to six months in county jail and/or a fine of up to $1,000. If you are convicted of felony trespass, also known as aggravated trespass, you face up to three years in county jail and/or a fine of up to $10,000. Aggravated trespass involves threatening to injure someone physically and then entering that person’s home or workplace without permission and with the intent to carry out the threat.

A criminal trespass conviction can also have other negative consequences, such as:

• A criminal record that can affect your employment, education, housing, and immigration status
• A loss of your gun rights if you are convicted of felony trespass
• A civil lawsuit by the property owner for damages or an injunction
• A violation of your probation or parole terms if you are already under supervision

If you are facing criminal trespass charges in California, you should consult with an experienced criminal defense attorney who can help you fight the charges or negotiate a plea deal. You may have legal defenses that can challenge the evidence or the allegations against you.

Do Criminal Trespassers Have Any Potential Defenses?

When faced with a charge of criminal trespass, there are several potential defenses that can be used.

1. Lack of Intent or Knowledge

The foundation of many criminal charges is intent. To be convicted of trespassing, a person typically must have knowingly entered another’s property without permission. If someone accidentally wandered onto a property, believing it to be public space, or genuinely did not realize they were on private property, this defense can be crucial. Demonstrating a genuine lack of intent can challenge the very crux of the trespass allegation.

2. Consent or Permission

If the alleged trespasser believed they had explicit or even implied permission to be on the property, it can serve as a strong defense. For instance, if a property owner had allowed access in the past but later changed their mind without adequately informing the person, this previous permission might be leveraged as a defense. The key here is to show that the accused had a reasonable belief that their presence on the property was permissible.

3. Public Necessity

In certain circumstances, a trespass might be justified by the need to prevent a public harm or danger. For example, if someone enters private property to warn inhabitants of an imminent threat (like a fire or a gas leak), their trespassing might be excusable due to the larger public interest at stake.

4. Private Necessity

Similar to public necessity, but on an individual scale, this defense involves trespassing to prevent personal harm or damage to one’s property. For instance, if someone trespasses to retrieve their pet that strayed into a neighbor’s yard, they might argue that the trespass was necessary to prevent harm to their pet.

5. Inadequate Signage

In some cases, the defense might hinge on the property owner’s failure to adequately signal that the property was private. If there weren’t clear markers, fences, or signs indicating that a property was private and off-limits, this could bolster the trespasser’s claim that they didn’t knowingly infringe upon someone’s private space.

What Behaviors in California Are Considered Criminal Trespass?

Criminal trespass in California covers a wide range of behaviors. This includes entering someone’s property without permission, remaining on someone’s property after being asked to leave, or entering a property with the intention to interfere or damage it.

What Must the State Prove to Convict Me of Trespass?

For a trespass conviction in California, the state typically needs to prove “beyond a reasonable doubt” that the accused knowingly entered another person’s property without permission or the legal right to do so. In civil cases, the standard might be “preponderance of the evidence,” which is a lesser standard than in criminal cases.

In California, What is the Penalty for Trespassing?

The penalty for trespassing in California depends on the type and severity of the trespassing charge.

Infraction trespass is the least severe charge, and it applies to cases where the trespasser did not intend to interfere with the property owner’s rights or cause any damage. The penalty for a first-time offender is a fine of up to $75, and a second offense on the same property carries a fine of up to $250.

Misdemeanor trespass is the most common charge, and it applies to cases where the trespasser entered or remained on someone else’s property without permission or a right to do so and with the intent to interfere with or damage the property. The penalty for misdemeanor trespass is up to six months in county jail and/or a fine of up to $1,000.

Felony trespass, also known as aggravated trespass, is the most serious charge, and it applies to cases where the trespasser threatened to injure someone physically and then entered that person’s home or workplace without permission and with the intent to carry out the threat. The penalty for felony trespass is up to three years in county jail and/or a fine of up to $10,000.

Felony charges for trespass can also have other negative consequences, such as a loss of gun rights, a civil lawsuit, or a violation of probation or parole terms.

Do I Have Any Options for Fighting a Criminal Trespass Charge?

Certainly. Hiring a skilled California lawyer can significantly help. They can challenge the evidence, argue for reduced charges, or even push for the dismissal of the case based on the circumstances and available evidence.

How Do I Charge Someone for Trespassing in California?

If you believe someone has trespassed on your property, you should report the incident to the local police. They will investigate the situation, and based on their findings, charges might be filed. Consulting with a California lawyer can also provide clarity on your rights and the legal process.

Should I Hire a Lawyer?

Defending against or pursuing a trespass charge can be complicated. It’s beneficial to have an attorney on your side. If you’re facing a criminal trespass charge or believe you’re a victim, consult a legal professional to protect your rights.

Contact a seasoned California criminal lawyer through LegalMatch to guide you every step of the way.