Aggravated Trespassing in California: Legal Definition, Penalties, and Defenses

Quite often, trespassing is considered a minor offense. However, there’s another form of trespassing, called aggravated trespassing under California Law, which can lead to jail time, fines, and even deportation depending on the circumstances of the trespass. 

In this article, we will discuss the legal definition of aggravated trespassing, the penalties the accused can face, and possible legal defenses. 

What is Aggravated Trespassing in California?

Under the California Penal Code 601 PC, aggravated trespassing is when someone makes a credible threat to harm another person and then enters their home or workplace within 30 days of issuing the threat. 

Therefore, for it to be considered aggravated trespassing, the following must be true:

• The accused made a credible threat to someone’s safety.
• The accused entered that person’s home, workplace, or any other location without permission.
• The entry happened within 30 days of making the threat.

The threat can be made in person, in writing, or even electronically via email or message. For example, an ex-partner texts their spouse saying, “You will pay for what you have done,” and then storms into their workplace a week later carrying a bat. This is different from simple trespassing, which involves being on someone else’s property without permission. 

The Penalties for Aggravated Trespassing

In California, aggravated trespassing is considered a wobbler offense. This means those accused can be charged with either a misdemeanor or a felony depending on the circumstances. 

Misdemeanor aggravated trespassing can be punished by:

• Up to 1 year in county jail
• A fine of a maximum of $2,000
• Restraining orders
• Misdemeanor probation

Felony aggravated trespassing can attract the following charges:

• Up to 3 years of jail time in county jail
• A fine of $10,000
• Felony probation

Some factors, like a criminal history or how severe the threat was, can affect how the case is charged and the sentencing an accused receives.

Defenses Against Aggravated Trespassing Charges

Being accused of aggravated trespassing doesn’t mean you will automatically go to jail or that you are guilty. Some legal defenses can apply. These include:

No Credible Threat

If the prosecution cannot prove that the accused made a real and believable threat, the charge may not hold in court. A lawyer can also help to show that even though a threat was issued, it was not serious or credible. 

Lack of Intent

The accused must have knowingly entered the property after making a threat. If you did not intend to follow through with the threat, this may be a valid defense. Or if you entered the property without wanting to cause any harm, maybe let’s just say to apologize for the threat or “clear the air.”

No Unlawful Entry

Remember, aggravated trespassing involves unlawful entry. If the accused had permission to enter the property or be on the premises for a legitimate reason, this may not be considered as trespassing. 

No Intent to Cause Fear

If you can prove you did not intend to cause fear to the other person, this can be used as a defense. For example, if you argue and say something like, “You are getting on my nerves. I need to visit you and straighten this out.” 

Then, a few days later, you drop by their property. If the other party took this as a threat and reported you, your lawyer could argue that the words were said in the heat of the moment and no fear was intended with the visit.

Accidental Entry

Sometimes, the accused may be on property without knowing the plaintiff lived or worked there. For instance, you walk into a coffee shop to get a drink, and you have no idea the other person works in the same shop. 

Final Thoughts

Aggravated trespassing is a serious offense in California with a potential jail term. If you or someone you know is facing these charges, it is important to understand the legal definition and penalties and consult a lawyer to help you build your defense.