Aggravated trespass happens when you enter a person’s home, workplace, or personal space without authorization, 30 days after threatening to injure them. This is a serious offense that can result in a lengthy prison sentence and a hefty fine. A prosecutor can charge you with a felony or misdemeanor for aggravated trespass, depending on the circumstances of your case and your criminal history. However, you can fight your charges or enter a plea deal for a favorable outcome in your case.
If you face aggravated trespass charges and you would like to influence the outcome of your case, we can help at Pasadena Criminal Attorney. We can fight alongside you to convince the court to dismiss or reduce your charges.
Legal Definition of Aggravated Trespass
The legal meaning of aggravated trespass is under PC 601 of the California Law. This is an offense you commit when you enter a person’s personal space without their permission, including their home or workplace, after threatening them with harm. It is a more severe crime than misdemeanor trespass under PC 602. This can happen in so many ways, including the following:
- After threatening to do something to his ex-employer for what he considered an unfair dismissal from work, Mark returns to his former workplace ten days later, with a loaded gun
- Janice sends a threatening email to Keyla, her colleague, who scooped the promotion she has been eyeing for years. A few days later, she knocks on Keyla’s door in the middle of the night
- James threatens to beat his sister’s boyfriend, Ben, for allegedly mistreating her. A few days later, he follows Ben to a bar with the intent to carry out the threat
With so many ways to violate this law, the prosecutor must prove all elements of the crime beyond a reasonable doubt for the court to render a guilty verdict. The elements, which constitute the legal definition of aggravated trespass, are as follows:
- That you made credible threats to injure a person severely
- You made the threats intending to cause the person to experience reasonable fear for their safety or their loved one’s safety.
- You unlawfully entered the person’s home, workplace, or any other personal space within 30 days of issuing the threat with the intent to carry out your threat.
- You knew or should have reasonably known that the space you entered was the alleged victim’s home or workplace, and you tried to locate them without a legal purpose, intending to execute the threat.
Note: The elements of this offense do not include a willful act. Thus, the prosecutor doesn't need to prove that you willfully entered the alleged victim’s home or workplace to obtain a conviction.
Also, this law will not apply if the space you entered is your home, property, or workplace.
Let us look at these elements in more detail to understand the statute even better:
Making a Credible Threat
Aggravated trespass begins with making a credible threat and then following the alleged victim to carry it out.
A credible threat, in this case, is a threat that causes a person to experience reasonable fear for their safety or their loved one’s safety. It is also a believable threat, meaning the alleged victim believes the perpetrator will carry it out. You can make a credible threat orally, electronically, or in writing. You can also infer it with a pattern of behavior, several statements, or a combination of behavior and statements. Since the threat is credible, the victim does not doubt that their own safety or that of their loved ones is at risk.
Severe Bodily Injury
The credible threat, under this law, is to cause a person severe bodily injury. This kind of injury means a severe impairment of a person’s physical condition. It means that you threaten and intend to cause a person to sustain any of these injuries:
- A concussion
- A bone fracture
- An impairment of a bodily organ or a protracted loss of function of an organ or bodily member
- Loss of consciousness
- Serious bodily disfigurement
- A wound that may require extensive suturing
Reasonable Fear
The threat to cause severe bodily injury should cause the alleged victim to experience reasonable fear for their safety or the safety of their loved ones. The fear should stem from the belief that you can carry out the threat. While it may be difficult for the prosecutor to know for sure how fearful the alleged victim was after the threat was issued, they can use the circumstances and facts of the case to prove that there was reasonable fear. In this case, they will consider the following factors:
- How you delivered the verbal messages to the alleged victim
- Your behavior towards them
- If another person was present during the incident, other than you and the victim
- How the victim reacted to the threat
- Your relationship with the victim or their loved ones
- If you have a prior encounter with the victim, and the nature of that encounter
Remember that a person could also experience reasonable fear if they are afraid of their loved one’s safety. "Their loved ones," in this case, refer to their immediate family members. These could be the victim’s spouse, child, parent, grandparent, grandchild, sibling, anyone who is related to them by marriage or blood, or anyone who regularly lives in their household.
The Trespass
In addition to proving that you made a credible threat to the victim, the prosecutor must also prove that you committed the crime of trespass. According to PC 602, trespass happens when you willfully and unlawfully enter another person’s property and remain there without the person’s permission, with the intent to commit a crime.
For aggravated trespass, the prosecutor will prove that the act occurred within 30 days of issuing a credible threat. They will also demonstrate that your purpose of entering the person’s property was to carry out the threat.
The Penalties of Aggravated Trespass
Aggravated trespass under PC 601 is a wobbler offense, meaning it can be a felony or a misdemeanor. The prosecutor chooses how to file your charges based on your criminal history and the circumstances of your case.
A misdemeanor aggravated trespass is the least form of this offense. It is punishable by the following penalties:
- One year in jail, or
- Misdemeanor probation
- A maximum of $2000 in court fines
A felony aggravated trespass is a severe form of the offense, and is punishable by the following penalties:
- Up to three years in prison, or
- Felony probation
- A maximum of $10,000 in court fines
There are a few factors the prosecutor will consider when filing aggravated trespass charges. These factors will determine whether they will file felony or misdemeanor charges against you. The key difference in misdemeanor and felony aggravated trespass lies in the crime itself. For example, if after issuing a credible threat you enter a person’s property intending to carry it out, and you refuse to leave but do not cause any harm, the prosecutor can file misdemeanor charges. However, if you enter their property carrying a dangerous weapon or cause harm after refusing to leave, the prosecutor will likely file felony charges.
The Probation
In most cases, judges are willing to impose probation rather than jail or prison after a conviction for aggravated trespass. If you face misdemeanor charges, you could be sentenced to misdemeanor probation. If you face felony charges, you could be sentenced to felony probation. Misdemeanor probation lasts between one and three years, while felony probation can last up to five years. A probation sentence comes with strict conditions that you must abide by throughout the time you will be serving your sentence.
The judge will order you to refrain from criminal acts while on probation. They could also order you to seek treatment or rehabilitation for an underlying problem like anger management, or drug or alcohol addiction. You could be required to complete a particular number of hours of community service and submit periodic progress reports to the court or probation officer. Violating probation is a serious offense that could result in a jail or prison sentence for the period required for the underlying offense under the law.
Immigration Consequences
If you are an immigrant, a conviction for aggravated trespass could have severe consequences on your immigration status. This means you could be eligible for deportation or deemed inadmissible to the United States after serving your sentence. However, this will likely happen if your actions meet the legal definition of an aggravated felony. It could apply in your case if you enter the residence or workplace of someone you issued a credible threat against, armed with a firearm, with the intent to carry out the threat, and thereby causing harm to the person, their loved ones, or their property.
Loss of gun Rights
A felony conviction for aggravated trespass will also affect your gun rights. Although Californians can freely obtain the necessary permits to use, acquire, or possess firearms, they lose this right under specific circumstances, including after a felony conviction. The loss of your gun rights after a felony conviction is permanent. This means that you will no longer be able to legally purchase, possess, or use a firearm.
A Severe Criminal Record
A conviction for aggravated trespass, whether misdemeanor or felony, will result in a serious criminal record. This can affect various areas in your life, including your social and professional lives. Some professionals lose their licenses and credibility after being arrested for a serious offense. A conviction will result in more severe consequences, especially if you spend some time in jail or prison.
While you can expunge a misdemeanor conviction, a felony conviction can remain on your criminal background for years. Anyone running a background check on you will learn about the sentence, which may influence how they react to you. This may affect how easily you find employment, housing, insurance, and credit services after serving your sentence.
Some people treat convicted felons differently, even after they have taken the necessary steps to change their behavior and attitude. This could affect how people treat you, especially your family members and friends.
Expungement helps reduce some of the negative consequences and disabilities associated with a conviction. However, you must first complete probation and not be on probation or in jail for another crime to qualify. If you meet the criteria, a skilled defense attorney can help you file a petition to the same court where the conviction occurred. A judge will review our petition and your probation performance to decide whether to grant or deny it. If they grant the petition, the sentence will have minimal effects on your life. This way, you can find work, housing, and critical services like credit and insurance without worrying that your past crime will affect your eligibility.
How To Fight Aggravated Trespass Charges During the Trial
Aggravated trespass charges can result in severe and life-changing penalties. However, you can avoid these severe penalties if you fight against your charges during the trial. Criminal trials are fairly conducted to allow you to influence the court’s decision. You can do even better with the assistance of a competent criminal attorney. An attorney can use some of the most excellent defense strategies to fight your charges or to convince the court to reduce your charges. Some of the methods that can work well in your case include the following:
Proving that The Threat Was Not Credible
Remember that aggravated trespass occurs days after issuing a credible threat with the intent to carry it out. A credible threat genuinely communicates your capability and immediate intent to carry it out. It should also be a threat to cause a severe bodily injury to a person or their loved ones. You can counter the prosecutor’s case if you believe and can prove that the threat was vague, hypothetical, or hyperbolic. This could be true if you lack the capacity to carry out the threat. The defense could also work if you did not put the alleged victim in reasonable fear for their safety.
An experienced attorney can help you prove this to convince the court to dismiss your charges. They can use the specifics of the threat to convince the court that a reasonable person would not have taken the threat seriously. They could also prove that the danger was protected by free speech, and you did not have the intent or capability of carrying it out.
The Fear The Victim Experienced was Not Intentional
When a person issues a credible threat, their intention is usually to cause the other person to experience reasonable fear. If you enter the person’s home after issuing a credible threat, the person can reasonably believe that you intend to carry it out, especially if it happens a few days after the threat. However, this is not always the case. If you did not intend to cause the person to experience reasonable fear, the court can dismiss your charges.
With the help of your attorney, you can argue that, although you issued a threat, the threat was not credible, or you did not intend to carry it out. You could have jokingly said something and not intended to put the alleged victim in fear. You can also add that entering their home or workplace a few days after issuing the threat was only a coincidence, and not a furtherance of your crime. A skilled attorney can argue that you did not intend, or could not cause, the person to fear for their safety or their loved one’s safety.
There Was No Intent to Carry Out The Threat
Aggravated trespass requires proof that you entered an alleged victim’s home or workplace with the intent to execute a credible threat. If the prosecutor cannot prove all the elements of the case beyond a reasonable doubt, the court can dismiss or reduce your charges.
Your skilled attorney can take advantage of the fact that proving a person’s intent is challenging. Although prosecutors mostly rely on circumstantial evidence to prove such cases, a skilled attorney can raise reasonable doubt by presenting evidence that undermines the prosecution's case. For example, stating that you intended to carry out the threat is insufficient to obtain a guilty verdict. The prosecutor needs valid evidence to get a conviction. If your attorney counters this allegation, the court may not find you guilty.
You Are Falsely Accused
False accusations are common in California. Some people falsely accuse others of serious crimes out of jealousy or a desire for revenge. Someone can accuse you of aggravated trespass, and even present evidence to make you pay for a crime you did not commit in the first place. If this did not happen, or part of the case is untrue, your skilled attorney will do their best to ensure you are acquitted of all your charges.
They can create reasonable doubt in the prosecutor’s case to prevent the prosecutor from proving the case beyond a reasonable doubt. They can also provide evidence that you did not commit the same crime. For example, they can provide email or text message exchanges between you and the alleged victim to prove that you did not issue a credible threat in the first place.
If you are falsely accused of issuing an oral threat, your attorney can bring in eyewitnesses or surveillance videos to prove that it did not happen.
You Did Not Trespass
Remember that aggravated trespass includes a violation of the trespass law, which prohibits the willful and unlawful entering and remaining in another person’s property without proper authorization, with the intent to commit a crime. If you threaten a person and do not violate the trespass law, you cannot be charged with aggravated trespass. Your charges could have occurred if the alleged victim believed that the place you entered was their home, workplace, or personal space. You are not guilty of trespass if you entered your own property or workplace.
You can obtain a favorable outcome in your case if you prove that the place you entered belonged to you. It could be that you also work or live in the same place, or co-own the place with the alleged victim. You cannot be convicted of trespassing for entering your own space.
You Are a Victim of Police Misconduct
Regardless of your charges and evidence, you could obtain a favorable outcome in your case if the police violated your rights or misconducted themselves in any other way. However, you must prove it during the trial for the court to consider the misconduct when making its final ruling.
Law enforcement officers must always follow particular guidelines when arresting suspects or investigating crimes. For example, they must be careful not to violate a defendant’s rights, including the right to counsel and the right against self-incrimination. If an officer fails to read your Miranda rights after an arrest or refuses to grant you the right to an attorney, you can use it against the prosecution during the trial. If you were coerced, tricked, or forced to confess, it is a significant violation of your rights.
When this happens, your attorney can compel the court to dismiss part of the evidence gathered against you. This can leave the prosecutor with insufficient evidence to obtain a conviction.
Find Competent Legal Defense Services Near Me
If you face aggravated trespass charges, you should be worried about the severe penalties and other consequences of a criminal conviction. However, you can influence the case’s outcome if you partner with a competent defense attorney early in the legal process. An attorney will review your case for legal advice and support, defend your rights, and help you fight for a favorable outcome.
At Pasadena Criminal Attorney, we discuss our clients’ options and help them determine the best defense strategies. We also inform them of their rights and help them gather compelling evidence to support their situation. With our extensive experience handling property crimes, we could be the right choice for criminal defense services to achieve the best possible outcome. Call us at 626-689-2277 to discuss your case and our services in detail.
