Let's review Criminal Trespassing in California under Penal Code 601 & 602 PC. Trespassing is a serious offense, typically filed against a person who disregards authorities' warnings not to enter a location or property. When the same person is found on that property, the owner may press criminal charges. Additionally, someone can be arrested and charged with trespassing when found in a specific location they should not be in and are likely up to no good.

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 steps in to maintain order, leading to 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 that it would be a crime to do so.

I also see people arrested and charged who go into public locations like parks or other state-owned land after hours. The authorities cited them for the crime of trespassing because it was clear under the circumstances that it was not appropriate 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 have to plead guilty to trespassing is when they are initially arrested for one crime (like stealing or domestic violence), and their attorney can negotiate the lesser charge of trespassing for them so they do not have to plead guilty to a more severe crime.

In other words, the prosecutors use it as a throwaway crime to say to the person, "We will give you a break and not make you take a more severe charge, 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 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 to a jury. 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 by the surrounding circumstances of the specific case and, of course, by the use 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 will not seek jail time in these cases, and the judge will impose a fine. 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 that the court imposes on them.

Further, the court will usually order the defendant to stay off the property they were found trespassing on for the probation period. It will severely punish them if they disobey this order.

Other punishments can include community service, Cal trans, and community labor. In these cases, the penalty will usually fit the crime. If the trespassing was blatant and the authorities suspect that the perpetrator was up to no good and targeted another more serious crime, they will try and lower the boom 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.