Trespassing in California can be charged as an “infraction” or as a misdemeanor. Either way, a conviction for trespassing will create a criminal record for you and can lead to a future restraining order. Anna R. Yum is a skilled and knowledgeable defense attorney who can help minimize the negative consequences of being convicted of trespassing.
Unlawful Entry and More
The definition of trespassing under California’s Penal Code (section 602) covers quite a bit more than merely being on someone else’s property without their consent, although this is the core concept of trespassing — unlawful entry onto the real property of another (“real property” means real estate, which also includes essentially everything on the property).
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A trespass offense can be charged for conduct such as:
- refusing to leave a public building (including hotels and motels) or private land
- tearing down or damaging a sign on public or private property
- destroying a fence, stakes or signs intended to show the boundaries of property
- building a fire on someone else’s land without permission
- driving a vehicle on their land without permission
- digging up or flooding a public roadway
- taking another person’s soil off his or her land
- cutting down and removing someone else’s timber
- entering the property of another person to injure the property
- skiing in a closed area
Defenses for Trespassing
Many people assume that if they have not seen a “No Trespassing” sign, or if they have not been asked to leave, they’re not trespassing. This is incorrect. You can be charged with trespassing even if you didn’t know that you were trespassing. Of course, the “willfulness” of your conduct is important to the charge infraction or misdemeanor as is what exactly you were doing on the property of another person or entity (such as a city, county, state or federal entity) without permission.
A Knowledgeable Lawyer Can Help
If you’ve been charged with trespassing, or if your child or other family member is in trouble for alleged trespassing, contact the Law Offices of Anna R. Yum for experienced, aggressive criminal defense representation. The initial consultation is free.