Are you facing charges for Criminal Trespassing? Violation of California Penal Code Section 602 is a misdemeanor offense that has the possibility of carrying harsh penalties. If convicted, defendants can face multiple years in prison and thousands of dollars in penalties. To find out what penalties you may face, contact our criminal defense law firm and obtain a free case evaluation.
What is Penal Code 602?
Anyone who enters someone else’s property without being authorized and deliberately does so to disrupt the property owner’s rights can be found guilty of violating California Penal Code 602.
In order for prosecutors to obtain a conviction for CPC 602, they will need to be prepared to provide evidence proving that you:
- Intentionally entered someone’s property
- Deliberately did so to upset a person’s rights
The following could be considered an example of criminal trespassing:
Frank and Ted walk home from school everyday. On their route home is a building that has been closed down and boarded up. One day, Frank dares Ted to go in. Not wanting to look scared, Ted agrees. Frank and Ted both pull wooden planks off a window and then Ted crawls in. The police show up and find Frank on the outside of the building while Ted is still inside. They arrest both Frank and Ted for criminal trespassing.
What Penalties do CPC 602 Violators Face?
Criminal Trespassing can be filed as an infraction, felony, or misdemeanor, and those found guilty can face:
- Misdemeanor – Up to 6 months in the Orange County Jail and a maximum $1,000 fine
In cases where trespassing penal code violations are done under threat or force, and the trespassing took place within a month, this is considered to be aggravated trespassing, which can be either filed under a misdemeanor or felony:
- Misdemeanor – Up to 1 Year in the Orange County Jail and a maximum $2,000 fine
- Felony – 16 months, 2/ 3 Years in the California State Prison and a maximum $2,000 fine
Other Potential Penalties:
Aggravated trespassing offenders can be charged with similar offenses such as burglary or criminal threats, in which case other penalties may be raised.
Trespassing Legal Assistance
If you are facing criminal trespassing charges for Penal Code 602, we encourage you to contact our law firm. Many of those who are accused of criminal trespassing were at the wrong place at the wrong time and are found not guilty for their offense. Contact our firm to find out what possible legal defenses you have available as well as other information that could help you avoid making costly mistakes.