California defines aggravated trespass in TITLE 14 of California Penal Code as  MALICIOUS MISCHIEF:

Any person is guilty of trespass who makes a credible threat to cause serious bodily injury.  Below you’ll find answers to your common questions regarding the crimes of aggravated trespass.

How does the district attorney prove aggravated trespass (threat to cause serious bodily injury)?

The district attorney has to prove all of the following things beyond a reasonable doubt for a conviction of aggravated trespass in California:

• There was a credible threat to cause serious bodily injury to someone other than the defendant.
• The accused made the threat with the intent to place the person in reasonable fear for her/his safety or the safety of his/her family, and…
• Within 30 days after making the threat, the accused unlawfully (without permission) entered the person’s residence or workplace with the intent to carry out the threat.

How does the police determine credible threats?

Credible threat means that it is more likely than not that a threat was made by the person accused.  This can be determined by his/her oral statements, written statements, or electronic statements via texts, social media posts, emails, or fax.

How is “reasonable” defined by police or district attorney?

The reasonableness standard is based on what the average person in the community would do under the same or similar situation.

What are the defenses to aggravated trespass?  

• There was no threat or at least no credible threat. This means an average person would not deem the threat as being reasonable or credible.
• The accused had no intent to cause fear, serious bodily injury, and/or…
• The accused did not have the intent to carry out the actual threat.

Is Aggravated Trespass (PC 601) a misdemeanor or felony?

In California, aggravated trespass is a “wobbler.”  This means the district attorney could charge it as either a misdemeanor or felony.

What are the penalties for a charge of aggravated trespass in California?

Misdemeanor PC 602(a) Penalties:

• Up to one year in county jail.
• And/or up to $2,000 in fines.
• A crime of moral turpitude (immigration consequences).

Felony PC 601(a) Penalties:

• One year and four months, or two years or three years (zero days – one year with probation).
• And/or up to $2,000 in fines.
• A crime of moral turpitude (immigration consequences).
• Ineligible for voting, jury service, holding public office.
• Firearms restrictions.

Have you been accused of aggravated trespass?

Call the Law Offices of Wais Azami at (714) 321-9999. Or schedule a free consultation with our aggravated trespass lawyer in Orange County here. We will generate a defense plan which aims to get the charges dismissed, reduced, and/or the consequences mitigated.