Aggravated Trespassing, also known as Penal Code 601, is a criminal offense in California that involves the act of trespassing on private property with the intent to commit a crime. This offense can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant’s criminal history.
If you have been charged with Aggravated Trespassing, it is important to speak with a qualified criminal defense attorney as soon as possible. An attorney can help you understand the specific charges against you and develop a defense strategy to protect your rights and defend against the charge.
Call us today (818) 855-2115 for Free Consultation, or continue reading to learn more about the offense and how an attorney can help you defend against the charges.
Laws of Aggravated Trespassing, Penal Code 601, in Los Angeles
The language of the Penal Code 646.9 reads that:
601. Any person is guilty of trespass who makes a credible threat to cause serious bodily injury…to another person with the intent to place that other person in reasonable fear for his or her safety, or the safety of his or her immediate family…and who does any of the following:
Within 30 days of the threat, unlawfully enters into the residence or real property contiguous to the residence of the person threatened without lawful purpose, and with the intent to execute the threat against the target of the threat.
Within 30 days of the threat, knowing that the place is the threatened person’s workplace, unlawfully enters into the workplace of the person threatened and carries out an act or acts to locate the threatened person within the workplace premises without lawful purpose, and with the intent to execute the threat against the target of the threat.
Legislature.ca.govCalifornia Aggravated Trespassing, also known as Penal Code 601, is a criminal offense in the state of California that involves the act of trespassing on private property with the intent to commit a crime. This offense is considered a “wobbler,” meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant’s criminal history.
In most cases, trespassing is a misdemeanor-level offense that does not result in severe criminal penalties. However, under California Penal Code Section 601 PC, aggravated trespass is potentially a felony that can trigger prison sentences for those convicted.
Elements of Penal Code 601
To be found guilty of California Aggravated Trespassing, the prosecution must prove the following elements beyond a reasonable doubt:
- You threatened to harm someone and intended to make them fear for their safety or the safety of their family.
- Within 30 days of making the threat, you entered their home or workplace without a valid reason and with the intention of following through on the threat, or you entered their workplace with the intent to locate them and carry out the threat.
- The property was fenced or enclosed in a manner that would clearly indicate to a reasonable person that it was private.
The key element of this offense is the defendant’s intent to commit a crime while on the property. This can include crimes such as vandalism, theft, or even assault. It is not necessary for the defendant to actually commit the crime, but simply intending to do so is enough to be charged with California Aggravated Trespassing.
Penalties and Consequences for Penal Code 601
A violation of PC 601 is a wobbler offense, meaning that it can be charged either as a misdemeanor or a felony.
Misdemeanor Trespassing
If charged as a misdemeanor, the offense is punishable by:
- misdemeanor (or summary) probation,
- up to one year in county jail, and/or
- a maximum fine of $2,000.
Felony Trespassing
If charged as a felony, the offense is punishable by:
- felony (or formal) probation,
- up to three years in county jail, and/or
- a fine of up to $10,000.
Additional Penalties and Consequences
In addition to these criminal penalties, a conviction for California Aggravated Trespassing can have other consequences as well. It may result in the loss of certain professional licenses, such as a security guard or real estate license. It can also make it more difficult to find employment or housing in the future, as a criminal record can be a disqualifying factor for many employers and landlords.
Strategies and Legal Defenses Against Penal Code 601
There are several defenses that can be used to fight a charge of California Aggravated Trespassing.
- One defense is to argue that the defendant did not have the specific intent to commit a crime while on the property. For example, if the defendant was simply lost and entered the property by mistake, this may be a valid defense.
- Another defense is to argue that the property was not clearly marked as private or that the defendant had a reasonable belief that they had the right to be on the property. This might be the case if the property was not fenced or if the defendant had been given permission by the owner to enter the property in the past.
- It is also possible to defend against a charge of California Aggravated Trespassing by arguing that the prosecution has insufficient evidence to prove the elements of the crime beyond a reasonable doubt. This could include a lack of physical evidence or a lack of eyewitnesses to the alleged crime.
Legal Advice and Free Consultation
If you have been charged with California Aggravated Trespassing, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the specific charges against you and develop a defense strategy to protect your rights and defend against the charge. With the right legal representation, you may be able to get the charges reduced or dismissed, or secure a favorable plea bargain.
Even if you are unsure whether you want to hire an attorney, it is a good idea to at least consult with one to get a better understanding of your options and the potential consequences of a conviction.
Our attorneys have over 55 years of combined criminal law experience and are ready to defend you. Call us right away (818) 855-2115, or fill this form and we will contact you as soon as possible.
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