(3/13) Accidentally wandering onto someone's property without an invitation is trespassing. However, you're probably only going to get a stern warning. After all, it's a mistake. You're not sneaking onto the property planning on harming any of the occupants.
When an unauthorized visitor is planning on inflicting injury on the property owner or their family, California considers this aggravated trespassing. The Golden State has a few laws regarding aggravated trespassing and the penalties can be pretty steep. Before you go barging into a former workplace or your ex's home, think about the potential penalties you may find yourself facing.
California Law and Aggravated Trespassing
An uninvited stranger knocking on your front door doesn't count as trespassing, as long as they leave when asked. Sure, door-to-door salespeople are annoying. Even No Soliciting signs don't seem to be much of a deterrent.
Simple trespassing becomes aggravated under California Penal Code 601 PC. The statue is a step up from the Golden State's Penal Code 602. This code only applies to misdemeanor trespass, like your neighbor sneaking onto your property to enjoy your swimming pool. PC 601 is often tied to domestic violence claims.
How California Defines Aggravated Trespassing
Trespassing switches from a misdemeanor to a potential felony when a credible threat to inflict a serious bodily injury against a victim or their family is made, followed by the perpetrator entering their home or work to execute the threat. The key for an aggravated trespassing charge to stick is the threat to do harm must be made before the individual walks onto the property. Here's how the law defines aggravated trespassing:
- Made a "credible threat" to cause a serious bodily injury against somebody or their immediate family members
- Had intent to place the victim or family in reasonable fear for safety
- Within 30 days of making the threat, you entered the victim's residence without a lawful purpose to carry out the threat; or you entered their place of employment, knowing they worked there, and then took direct steps to find them to execute the threat.
Just making a threat to do bodily harm is enough for an arrest. Yep, you can be charged under 601 PC even if you end up not committing any acts of violence. Just uttering a threat is enough, if you decide to go onto someone's property illegally.
What's a Credible Threat Under California PC 601?
Is it a credible threat if you mumble about harming your ex or former employer in a drunken rant? This depends on a few factors.
A credible threat under California law is one that you appear to have the ability to carry out, and it places the victim or their immediate family in reasonable fear for their safety or that of their family. Your inebriated state may not be enough to avoid aggravated trespassing charges if you take a drunk stroll onto your intended victim's property.
Since this statute has a few terms like reasonable fear and serious bodily injury, we're taking a closer look at what it means in an aggravating trespassing case:
- Reasonable fear is described as the fear that an average person would reasonably experience under a similar situation
- Serious bodily injury is an injury that could potentially cause significant impairment, such as broken bones, concussion, serious wounds, etc.
- Immediate family members are spouses, children, brothers, sisters, parents, grandparents, or anyone who regularly lives in the residence.
If your aggravated trespassing charge stems from your former workplace, a threat against anyone associated with your job can count. Even a threat against the building can land you in a ton of legal trouble.
Potential Penalties Under Golden State Law
Your potential penalties for an aggravated trespass charge are pretty much all over the legal map. You can face anything from a misdemeanor charge to a potentially serious felony. The severity of your possible punishment tends to depend on the seriousness of any injuries. If a fatality occurs, you're definitely going to need a San Jose criminal defense attorney:
- Misdemeanors carry up to one year in county jail and a fine of up to $1,000
- Felonies carry up to three years in county jail and a fine of up to $10,000
You may also get a little lucky. Judges can impose summary or formal probation rather than jail time. This means you're not sitting in jail but if you break any law, regardless of how minor, you're probably violating your probation.
