When it comes to criminal trespassing cases, the police become involved in certain situations where someone is actually trespassing on another person's property, whether that be a residential trespass or a trespass at a business. If you have been accused of trespassing, it is advisable to retain an experienced criminal attorney to defend you in the case.

Usually, these cases are throw-away charges where somebody is called out for one reason or another, and they can't get him for that particular charge, so they just hit him with a trespass and say, you were told to leave; you didn't leave, so now we're going to get you for a trespass. There are different types of criminal trespass, but they all have similar elements of the crime.

The crux of these trespassing cases lies in the necessity of a legal warning. For a trespassing charge to hold, the accused must have been sufficiently warned, for legal purposes, that they are not permitted to be at a particular location. This is why you often see 'Notice Trespassing' signs on private properties. If someone disregards this warning and enters the property, they can be arrested and prosecuted for trespassing.

Also, if someone is told that they can't come to a location — let's say you have an angry neighbor dispute and one neighbor is threatening another neighbor and is coming onto the neighbor's property, a lot of times, what the police will do is come out and tell both neighbors, we're warning you both now, stay off each other's property.

If you return to the property after being warned and we catch you there, we will arrest you. We will cite you in court for a trespassing violation pursuant to Penal Code Section 602. If you make a credible threat of bodily harm to someone on the property and return within 30 days with the intent to carry out that threat, you could face aggravated trespassing charges under Penal Code 601. These are serious consequences that you should be aware of.

Therefore, we often see it in criminal defense. Additionally, in business, consider a scenario where someone is intoxicated and behaving erratically at a club. The police are called out. The club tells them, ' Get off our property. ' We're done. You're no longer welcome here. We reserve the right to refuse service to anyone, and if that person continues to come onto the club's property, the police may arrest them and cite them for trespassing.

Trespassing as a Lesser Offense 

Often, though, I view it as a crime that's used as a lesser charge for other offenses. So, let's say somebody commits a battery or some other theft-related offense, and then it's a relatively minor battery or theft-related offense; often, we can also charge trespassing, which is simply entering someone else's property without their permission.

I would characterize that as a low-grade misdemeanor. The punishment is usually not severe, and it doesn't significantly impact someone's criminal record. However, it's important to note that a trespassing charge can still have legal consequences, such as fines, community service, or even jail time, depending on the circumstances.

So, if you're being charged with trespassing or another crime and want to try to get trespassing instead, you'll obviously need to present arguments that it would be trespassing.

Prosecutors usually prefer to avoid filing a trespassing charge. They usually like to actually have some evidence that there is a trespassing charge if they're going to give you a lesser charge than what you're currently being charged with in the criminal complaint. They want that lesser charge to be trespassing; they're going to have to have facts that substantiate that charge, and then they might consider doing it.

I receive a lot of trespassing citations for various cases. I've gotten them for domestic violence cases. Obviously, somebody would rather have a trespassing charge than a battery charge or a 273.5, which is a domestic violence battery-related offense.

Trespassing would be a much better charge. I've also been involved in trespassing and theft-related offenses. I've had clients charged with grand theft, petty theft, or embezzlement, and I've been able to help them with trespassing cases. It kind of does fit under the circumstances of the case because once someone starts stealing from you, obviously, you don't want them on your property anymore, so they are trespassing.

How to Fight a Trespassing Charge in California?

So, this trespassing concept is an interesting one. It's definitely a lower-level misdemeanor, and if you're charged with trespassing and don't want the trespassing charge, I can often secure an alternative sentencing arrangement or a diversionary program. These programs can include community service, counseling, or other rehabilitative measures, which essentially protect your record. Nobody wants a criminal record.

If you're starting with a clean slate in Los Angeles County and the situation is not too serious, there's a good chance we can work out an arrangement that protects your criminal record. We just need to sit down, discuss it, and decide on the best approach. Remember, there's always a way forward.