Basic trespassing involves entering someone’s property without permission or a right to do so, but aggravated trespassing is a much more serious offense. Aggravated trespassing occurs when someone trespasses within 30 days of making a threat against the person who owns the property or a neighbor or employee of that property. If you have been accused of any type of trespassing, please call a San Diego domestic violence defense lawyer as soon as possible.
In most cases, trespassing in California is a fairly minor crime. Simply entering someone’s fenced off property without permission or entering a property despite it being marked with a “no trespassing” sign is just an infraction punishable by a minor fine. In slightly more serious trespassing cases where a person enters someone else’s property and then interferes with the owner’s property rights (for example by damaging the property, occupying it without permission or by refusing to leave after being asked to do so), is a misdemeanor crime punishable by up to 6 months of jail time and a fine of up to $1,000.
On the other hand, aggravated trespass is a serious crime. It specifically occurs when a person has made a credible threat to cause serious bodily harm to another person within the last 30 days before trespassing onto the threat victim’s property, workplace or a property next to his or her home with the intent to carry out that threat. Because they involve a real danger to the victim, aggravated trespass charges are taken very seriously by both police and prosecutors. If you have been accused of breaking this law, it is critical you speak with a San Diego domestic violence attorney as soon as possible.
Aggravated trespass can be charged as either a misdemeanor or a felony depending on the circumstances of the crime and the suspect’s criminal history. When it is charged as a misdemeanor, it can carry a sentence of up to one year in jail and a fine of up to $2,000. As a felony, sentences can range to up to 3 years in prison. Additionally, many people accused of aggravated trespass will also be charged with other crimes including domestic violence, stalking, burglary and assault. A top San Diego domestic violence defense attorney can help work with the District Attorney to minimize the charges associated with such an act and to get the charges reduced to misdemeanors.
Seeking immediate psychological counseling is a key component of a defense against aggravated trespassing. Regardless of your true intent, it makes prosecutors and judges nervous when people have taken any step to advance a threat.
If you have been accused of any kind of trespassing, Peter M. Liss can help you fight the charges -especially if you are charged with aggravated trespassing. Please call (760) 643-4050 or (858) 486-3024 to schedule a free consultation with a top San Diego domestic abuse lawyer.
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