Someone's property is highly valued and legally protected under the Penal Code. Ensuring that every person owns and manages his/her property without worrying about a trespasser(s) is vital. Specifically, Penal Code (PC) 602 makes it illegal to enter or remain on another person's property without the owner's consent.

While some trespassing incidents could seem minor, this charge could attract grave and life-altering consequences upon conviction, including a permanent criminal record. If you or a friend is under investigation or charged with a trespass offense under PC 602, our defense attorneys at Monterey Criminal Attorney can help you craft solid legal defenses.

We will aggressively fight to have the charges dismissed or some evidence on the case suppressed for a lighter charge with less serious consequences.

Criminal Trespass Offense at a Glance

PC 602 defines several activities that could qualify as criminal trespass. Generally, you commit the crime of trespass when you do the following:

  • Enter another person's property without his/her consent
  • Refuse or fail to exit a private property when asked to do so
  • Enter another person's property with the criminal intent of damaging it
  • Damage or destroy any signs
  • Tear down someone's fence
  • Take soil from another person's property
  • Refuse security screening at the airport or a courthouse
  • Enter another person's business place with the criminal intent of causing disturbance
  • Cutting down trees and plantations on someone's property without his/her consent

All these activities could attract a trespass charge. From all these scenarios, it is evident that the legal definition of a trespass offense under PC 602 is vague, and you can easily run afoul of the law unknowingly. However, entering another person without the owner's consent is the most prevalent form of trespass.

Regardless of the circumstances that led to your arrest, contacting an attorney should be your first step if you are under investigation or arrest as a culprit in a trespass case. An attorney's early intervention in your case can mean the difference between a conviction, dismissal of the case, or a lighter sentence.

What the Prosecution Must Prove at Trial to Secure a Trespass Charge Conviction Against You

For the court to convict you for a PC 602 violation, the prosecution team must prove specific elements at the trial hearing beyond a reasonable doubt. In the court, the term reasonable doubt is the cornerstone of justice because it ensures the prosecutor cannot secure a wrongful conviction for a crime the defendant did not commit.

In a nutshell, “reasonable doubt” is the standard of proof needed in a criminal case for the prosecutor to secure a conviction against you. That means the prosecutor needs sufficient and clear evidence to secure a PC 602 charge conviction against you. Briefly explained below are specific elements or facts the prosecution team must prove to secure a PC 602 charge conviction against you.:

You Willfully Entered Someone's Property

Illegally entering and remaining on someone's property (land or building) willfully is the first element the prosecutor must prove to secure a trespass charge against you. “Willful” under this statute means your actions were on purpose or deliberate.

You Had the Criminal Intent to Interfere With the Rights of the Legal Property Owner

Below are various ways you interfere with the rights of the property owner upon entry into his/her property:

  • Damaging the property
  • Refusing to exit when asked to do so by a lawful agent or property owner
  • Disrupting legal activities ongoing there

You Occupied the Property Without the Owner's Consent

The prosecutor must also prove that after entering another person's property, you occupied it without his/her consent. For the sake of this statute, the property owner could be any person with the legal authority to occupy the property or an authorized agent.

If the prosecutor's evidence and argument are convincing, the court will likely convict you for a PC 602 violation. However, if his/her evidence is insufficient, the court will dismiss your case or reduce it to a lighter charge.

Potential Sentence for a PC 602 Charge Conviction

The prosecution team can file your trespass charge as an infraction, misdemeanor, or felony, depending on your case's specific facts and circumstances. Outlined below are the infraction, misdemeanor, and felony penalties of a conviction under PC 602:

Trespass as an Infraction

The prosecutor is more likely to file your trespass offense as an infraction in minor violations, like entering a private home unintentionally. As an infraction, a PC 602 charge conviction can attract a fine not exceeding $100.

Trespass as a Misdemeanor

Misdemeanor trespass charges are more likely to arise in situations involving unauthorized entry into another person's property and refusing to leave. A misdemeanor trespass charge conviction will carry the following potential sentence:

  • A fine not exceeding $1,000
  • A jail of not more than six (6) months
  • Misdemeanor probation

Trespass as a Felony

In aggravated cases, the prosecutor will file your trespass as a felony or misdemeanor because it is a wobbler offense under PC 601. Generally, your trespass offense will become aggravated if:

  • You threatened the occupants of the property
  • You had the criminal intent of making the owner of the property fear for his/her safety or life
  • You had threatened the owner of the property at least thirty (30) days before entering his/her workplace or property

A misdemeanor trespass under PC 601 will attract similar penalties as mentioned above. However, if your PC 601 charge is a felony, a conviction will attract harsher consequences, including:

  • A jail term of sixteen (16) months, two (2) or three (3) years
  • Up to $10,000 maximum fine
  • Felony probation

Since spending time in jail could have negative consequences on your life, both physically and mentally, an aggressive attorney will strive to convince the court to award you an alternative sentence like probation. However, probation will come with some strict terms and requirements you must comply with for a certain period, including the following:

  • Agree to regular check-ins with a probation officer
  • Agree to wear an electronic monitoring device
  • Agree to perform community service
  • Agree to stay crime-free

In addition, a conviction for a trespass offense will remain in your criminal record, affecting several aspects of your life. For example, with a trespass charge conviction on your record, securing reliable employment, college admission, or an apartment to live in could be challenging unless you secure an expungement. That is particularly true if you are convicted of a felony trespass offense.

How to Challenge a PC 602 Charge at Trial

To effectively challenge a PC 602 charge at trial, your attorney must thoroughly investigate the facts leading to your arrest and interview eyewitnesses if necessary. Effective legal defenses could convince the court to dismiss or reduce your PC 602 charges. Examples of the best legal defenses to challenge a trespass charge under PC 602 include the following:

You Had the Legal Right to Enter or Remain on the Property

A claim of right is a valid legal defense to challenge trespass charges. For example, if you legally owned or co-owned the property, you can access it anytime. In that case, the prosecutor cannot secure a conviction against you unless he/she can prove you were on someone else's property.

There Was Insufficient Signage

Arguing that the property in question was not marked with signs that prohibited trespassing or fenced off is another way to challenge the prosecutor's evidence against you to secure a case dismissal or a lighter charge.

You are a Victim of Mistaken Identity

It is also possible that someone misidentified you as the perpetrator because you have the same hairstyle and height as the actual trespasser. Your attorney will rely on eyewitness testimonies, eyewitness testimonies, and your global positioning system (GPS) data to prove to the jury or judge that you are a victim of mistaken identity.

If the evidence and his/her arguments work to your advantage, the court will drop or lessen your PC 602 charges.

You Did Not Act Willfully

Depending on the unique circumstances and facts of your unique case, your defense attorney can argue that you did not have the criminal intent to interfere with someone’s property to secure a favorable outcome. For example, if you accidentally entered the wrong premises, your attorney can help you prove to the court that your acts were not willful to secure the best possible verdict.

You Had the Legal Property Owner’s Consent to be on the Property

Arguing that you had the property owner's permission or consent to enter or remain on his/her property is a viable legal defense to challenge a trespass offense. For example, if the property owner had invited you into his/her home for supper with his/her family, your attorney can argue you were not on the property illegally. In this case, the court will likely dismiss your PC 602 charge against you.

You are a Victim of False Allegations

Malicious accusations or misunderstandings could attract wrongful trespass charges. For example, someone can accuse you of trespassing if you recently had a conflict with the person and he/she wants to have revenge on you. Surveillance videos and eyewitness testimonies can help support this defense argument for a favorable outcome.

The Prosecutor's Evidence is Insufficient

As mentioned in the previous paragraph, the prosecutor cannot secure a PC 602 charge conviction if he/she cannot prove his/her evidence beyond a reasonable doubt before a jury or judge. Therefore, arguing that the prosecutor’s evidence against you is insufficient is a viable legal defense to challenge a PC 602 charge.

Reasons You Need a Seasoned Defense Attorney When Charged With a Trespass Offense

While you can defend yourself in a criminal case, facing the prosecutor and judges without an attorney is not wise, considering what you have at stake. Here are convincing reasons to hire an attorney if you are under arrest or charged with a PC 602 charge:

He/she Can Help You Understand the Nature of the Charges You are Up Against

Unless you are an attorney or work in a legal-related field, chances are you do not understand what trespass means in the eyes of the court. However, that is not an issue to worry about if you have a seasoned attorney in your corner. The attorney you choose can help you understand the nature of the charges you are up against and your legal options.

Additionally, your attorney will also be your legal advisor during every phase of the prosecution process to ensure you understand what you can and cannot do as your case continues to stand a chance of securing a favorable outcome.

He/she Will Help You Negotiate a Favorable Plea Deal

A seasoned attorney can work with the prosecutor to secure a favorable plea deal that dismisses or lessens the trespass charges you are up against. At your case pretrial hearing, he/she can also file a motion requesting the court to suppress specific illegally obtained evidence the prosecutor has against you.

If the court excludes this evidence from your case, the prosecutor's trespass case against you will become weak. That means he/she cannot secure a PC 602 violation conviction against you.

He/she Can Help You Prepare Viable Defenses to Challenge the Trespass Charges

Even if you believe the trespass allegations you are up against are untrue, you must prove that to the court to dismiss or reduce the charges you are up against. That is where the services of a defense attorney become critical. Whether or not the court will dismiss or reduce your charges will depend on the viability of your attorney's legal defense arguments.

The attorney you hire will thoroughly investigate your trespass case and unearth all issues leading to your arrest to prepare proper legal defenses to help challenge the allegations you are against at trial for the best possible outcome.

Trespass and Related Offenses

The prosecutor could file certain crimes under the Penal Code instead of or alongside the trespass charges. Below is an overview of some of these common crimes:

Burglary

Also known as "breaking,” burglary is a theft offense that involves entering another person's building or locked car with the criminal intent of committing grand theft, petty theft, or any felony crime once inside. When many hear the term burglary, they often imagine an offender forcefully making his/her way inside another person's property or business.

However, under PC 459, the prosecutor does not have to prove that you forced your way into another person's property to secure a conviction against you. All that is needed to secure a conviction against you under this statute is sufficient evidence to prove that you entered another person's locked vehicle or property with the criminal intent to commit a theft offense or any felony once inside.

Depending on whether the structure involved was residential or commercial, the prosecutor will file your burglary charges as either first-degree or second-degree.

Upon a conviction for a first-degree or residential PC 459 charge, your penalties could include up to six (6) years of jail and a fine of up to $10,000. Conversely, if the prosecutor secures a conviction against you for a second-degree or commercial burglary, your penalties will include sixteen (16) months, two (2) years, or three (3) years of jail sentence.

Vandalism

Vandalism is the crime you commit when you maliciously deface, damage, or destroy someone's property. In most cases, vandalism is a misdemeanor, but the prosecutor could file your charge as a felony if the damage value is $400 and above. To secure a vandalism charge conviction against you under PC 594, the prosecutor must prove the following facts:

  • You maliciously defaced, damaged, or destroyed someone's property
  • You did not own the property in question
  • The value of the damage was either less than $400 for a misdemeanor or $400 and above for a felony charge

If the prosecutor files your PC 594 charges as a misdemeanor, the following possible penalties will apply:

  • Up to $1,000 maximum fine or up to $5,000 maximum fine if you have a prior conviction record for a vandalism offense
  • A jail term of not more than one (1) year
  • Misdemeanor or informal probation

However, a felony PC 594 charge conviction will carry the following potential sentence:

  • Up to three (3) years of jail time
  • Up to $10,000 maximum fine
  • Felony or summary probation

Arson

PC 451 makes it a crime to maliciously set fire to any forest land, structure, or property. If you intentionally throw a lit cigarette into dry grass on another person's property, causing it to burn, the prosecutor can file both arson and trespass charges against you. You could be guilty of arson if the prosecutor can prove that you acted maliciously and willfully.

It is worth noting that even a simple charring of wood is enough evidence to prove to the court that you set fire to another person's property. A PC 451 charge conviction can attract serious consequences because it is a felony. The specific sentence you will receive will depend on the following:

  • Whether any person sustained an injury on the property
  • The type of structure or property in question

Generally speaking, burning personal property will attract a jail term of sixteen months, two or three years. If the property was inhabited or occupied, your sentence could include a jail term of three, five, or eight years. However, if the burning caused any occupant of the property to sustain an injury, you should expect a jail sentence of five, seven, or nine years.

Fortunately, like a trespass offense, you can challenge an arson charge by arguing that your acts were accidental, meaning they were not willful.

Criminal Threats

According to PC 422, it is illegal to threaten to injure or kill another person willfully, making him/her sustain reasonable fear for his/her safety or that of his/her family. You could be guilty of a criminal threats offense under PC 422 even if:

  • You did not have the intent to execute the threats
  • You did not have the  physical ability to commit the offense

Depending on the facts of your specific case, you should expect misdemeanor or felony penalties when the court receives a conviction against you. A misdemeanor criminal threat charge conviction is punishable by:

  • A fine not exceeding $1,000
  • Detention in the county jail for not more than one (1) year

In serious cases, the prosecutor will file your criminal threat case as a felony, carrying the following penalties upon conviction:

  • A fine not exceeding $10,000
  • Sixteen (16) months, two (2) or three (3) years of jail time

You could also qualify for probation instead of jail, regardless of whether your offense is a felony or misdemeanor, avoiding the life-changing consequences of spending time behind bars.

Expungement Eligibility Upon a PC 602 Charge Conviction

As mentioned above, a conviction for a trespass charge will remain in your criminal record, affecting your ability to find reliable employment and move forward with your life. However, you could avoid this by securing an expungement under PC 1203.4. An expungement allows you to withdraw your guilty plea or no-contest and re-enter a new plea of not guilty before having your case dismissed.

Similarly, if you have a PC 602 violation conviction, securing an expungement can clean that criminal record. Generally speaking, an expungement is a form of post-conviction relief that releases you from most of the detrimental consequences caused by a conviction.

Aside from giving you a fresh start, after an expungement, you can lawfully say you do not have a criminal record whenever someone inquires about your criminal background. However, not everyone qualifies for an expungement. To be eligible for an expungement under PC 1203.4, you must:

  • You must “successfully” complete your misdemeanor or felony probation
  • Not be serving a jail term or probation or charged with any criminal offense

If you are still on probation, with the legal assistance of your attorney, you can apply for early termination of your probation to secure a PC 1203.4 relief.

Find a Criminal Defense Attorney Near Me

Due to the legal complexity of a trespass charge, it could be challenging to handle the case without the legal assistance of a skilled attorney. A seasoned defense attorney who understands how local judges and prosecutors treat trespass charges can increase your odds of securing a favorable outcome.

We invite you to call our reputable attorneys at Monterey Criminal Attorney at 831-574-1791 for aggressive legal representation if you are under arrest or have PC 602 charges.