Let's delve into the serious offense of Criminal Trespassing in California under Penal Code 601 & 602 PC. Trespassing is a grave violation, often filed against individuals who blatantly disregard authorities' warnings not to enter a location or property. When such individuals are found on the property, the owner has the right to press criminal charges against them. Moreover, anyone found in a specific location they should not be in and likely engaging in unlawful activity can be arrested and charged with trespassing.

Trespassing is a violation of California Penal Code 602, and aggravated trespassing is a breach of California Penal Code 601. This crime is often charged when neighbors have a dispute, and the police issue warnings not to approach each other's property. When these warnings are ignored, the law intervenes to maintain order, ensuring the safety and rights of all parties involved.  This may result in arrest and charges of trespassing.

In most trespassing cases, the arrested person ignored posted signs that said 'no trespassing' or went onto someone else's property under circumstances that they reasonably should have known would be a crime.

I also see people being arrested and charged who enter public locations, such as parks or other state-owned land, after hours. The authorities cited them for trespassing because, under the circumstances, it was clear that it was not appropriate for them to be in the particular locations where they were found. This could be due to posted signs indicating the closing hours or the person's behavior indicating they were not there for a lawful purpose.

Another scenario in which people may be required to plead guilty to trespassing is when they are initially arrested for one crime, such as theft or domestic violence, and their attorney can negotiate a lesser charge of trespassing on their behalf, thereby avoiding a more severe conviction.

In other words, the prosecutors use it as a means to say to the person, "We will give you a break and not press more severe charges, but we want something on your record because what you did was wrong and deserves consequences."

Defense to Trespassing Charges

One common defense to trespassing is when the accused claims they were unaware of their actions, thereby asserting that they did not intend to trespass. Whether this defense is successful will depend on whether a reasonable person in the defendant's situation should have known they were trespassing. Another defense is to prove that the defendant had permission from the owner or another to be on the property. This can be a complete defense and will be evaluated based on the specific circumstances of the case.

The case's particular facts determine this, and if no resolution is reached, it will ultimately be argued before a jury. The jury's role is to evaluate the evidence presented and determine whether the defendant is guilty of trespassing. Another defense to trespassing is for the defendant to say that they had permission from the owner or another to be on the particular property. This can be a complete defense to the crime of trespassing and will be evaluated based on the surrounding circumstances of the specific case, as well as the application of common sense.

If the person arrested has no proof that they know the property owner, then it will be tough to prove that they are not guilty of trespassing.

What are the Penalties?

Typically, prosecutors do not seek jail time in these cases, and the judge will impose a fine instead. Sometimes, it is possible to convince the judge to give the defendant a diversionary disposition. This is a form of probation where the defendant can earn a dismissal after a certain period of remaining arrest-free and complying with the terms and conditions imposed by the court. In other words, the defendant is given the opportunity to demonstrate their good behavior and avoid a criminal record.

Furthermore, the court will typically order the defendant to stay off the property where they were found trespassing for the duration of their probation. They will be severely punished if they disobey this order. This could lead to additional charges or a more severe punishment, as it demonstrates a lack of respect for the law and the rights of property owners.

Other punishments can include community service, community labor, and restitution. In these cases, the penalty typically aligns with the crime. If the trespassing was blatant and the authorities suspect that the perpetrator was up to no good and had targeted another, more serious crime, they will try to bring the full force of the law down on them. If, on the other hand, the trespass was not that serious and the person has no criminal record, they will usually be given the benefit of the doubt when it comes to their punishment.