Criminal Trespass

At The Justice Firm, our Los Angeles criminal trespass lawyers realize that in many cases, those who are accused of trespassing onto someone else's property are upstanding citizens with no criminal record. An individual may entered onto a property without even realizing it, doing so in a completely innocent manner.

While most are charged as a misdemeanor offense, criminal trespass may be charged as a felony in some situations. It may be that the charge can be reduced to an infraction, which means less harsh criminal penalties. Regardless, it is important to secure the legal guidance and support of a skilled defense attorney right away, so that the damage to your career and reputation may be minimized.

There are countless offenses which may be considered criminal trespassing. The type of charge you face will be a determining factor in the criminal penalties you will be subjected to if convicted. However, a misdemeanor or felony convicted will result in a criminal record, whereas an infraction will not.

What legal defense may be used on your behalf when charged with this offense? Depending on the circumstances, your lawyer may be able to prove that you had consent or permission to be on the property, there was no fence or sign which indicated you were not to be on the property, you did not actually interfere or obstruct any business or activity on the property, or you simply had the right to be on the property in question. Your defense attorney will examine your case thoroughly to determine the most effective defense should your case go to trial.

Conduct which may fall under criminal trespass includes:

• Driving a vehicle on private land
• Refusing to leave a property when told by the owner to do so
• Entering a building or structure without obtaining permission
• Defacing, damaging, or otherwise destroying notices or signs posted on someone else's property
• Cutting wood/timber on someone else's property, or taking wood/timber
• Skiing on trails/property posted as closed
• Taking or injuring farm animals, or taking shellfish such as oysters from another individual's property
• Refusal to be screened at a courthouse or airport
• Removing stone, dirt, or soil from another person's property without permission
• Entering another person's property with the intent to damage the property
• Entering another person's property intending to obstruct or interfere with business activities conducted on the property
• Entering a restaurant due to a personal grudge against the owner, and causing a disturbance which drives customers away

These are a few examples of circumstances that may leave you facing charges of criminal trespass, although some may seem a bit odd. Whether you are under investigation or have already been charged, our Los Angeles criminal defense attorneys are ready to represent you at any stage of your case.

The criminal penalties you will face if convicted of criminal trespass depend on a number of factors, including whether you were charged with a misdemeanor or felony. Some of the penalties include:

Misdemeanor trespass will subject you to penalties which include fines of up to $1,000 and/or up to six months in jail.

An infraction will not result in a criminal record, but may leave you facing a fine of $75 for a first offense. It is important to note that if charged with a second offense on the same land, a $250 fine will apply. A third offense will result in charges of misdemeanor trespass.

Aggravated trespass (felony) will result in prison time of sixteen months, two years, or three years in prison. Felony (formal) probation is an alternative sentencing option to prison time.

Regardless of how serious you believe the situation is, do not put your reputation and freedom in jeopardy. At The Justice Firm, we provide our clients with outstanding legal representation, always working vigorously toward the best possible results. Contact us today at 310-914-2444.