In California, Penal Code 601 defines aggravated trespass, a more serious form of trespassing that involves threats of harm or violence. Unlike simple trespassing, aggravated trespass occurs when someone makes a credible threat to harm another person and then enters that person’s home, workplace, or property to carry out or intimidate the person. This is a serious offense that can lead to felony charges and significant legal penalties.
At KN Law Firm, we are dedicated to providing the best defense for those facing aggravated trespass charges. We serve Glendale, Los Angeles, and surrounding areas, and offer 24/7 free consultations at (888) 950-0011 to help you navigate these serious charges.
What is Aggravated Trespass Under Penal Code 601?
Penal Code 601 defines aggravated trespass as when a person makes a credible threat to harm someone and, within 30 days of that threat, unlawfully enters their:
- Home
- Workplace
- School
- Any real property associated with the person
This law is designed to prevent violent confrontations and intimidation. The crucial aspect of this crime is the combination of a credible threat and the act of trespassing to instill fear or potentially carry out the threat.
For a conviction, the prosecution must prove:
- Credible threat: The defendant made a threat that would cause the victim to reasonably fear for their safety or the safety of their family.
- Intent: The defendant intended to cause the victim to fear for their safety or to carry out the threat.
- Trespassing: The defendant entered the victim’s home, workplace, or property without consent within 30 days of the threat.
Penalties for Aggravated Trespass in California
Aggravated trespass under Penal Code 601 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.
- Misdemeanor Penalties: Up to one year in county jail, fines, and probation.
- Felony Penalties: 16 months to 3 years in state prison, significant fines, and potential probation or parole.
In addition to jail or prison time, a conviction can lead to a restraining order, prohibiting contact with the victim, and mandatory counseling or community service.
Legal Defenses to Aggravated Trespass Charges
Facing aggravated trespass charges can be overwhelming, but there are several legal defenses that can be used to challenge these allegations:
- No credible threat: One of the key elements the prosecution must prove is that a credible threat was made. If the alleged threat was vague, not serious, or misunderstood, the charges could be reduced or dismissed.
- Lack of intent: The prosecution must also prove that the defendant entered the property with the intent to carry out the threat or cause fear. If this intent is not proven, the case may be weakened.
- Consent to enter: If the defendant had the permission or invitation to be on the property, it could serve as a defense against the trespass charge.
- False accusations: In some cases, the allegations may be entirely fabricated or exaggerated. An experienced attorney will investigate the case and work to discredit false claims.
Aggravating Factors in Penal Code 601 Cases
Certain aggravating factors can lead to enhanced penalties in aggravated trespass cases. These include:
- Use of a weapon during the trespass
- Prior criminal history, especially for violent crimes
- Violation of a protective order or restraining order
- Targeting vulnerable individuals, such as children or elderly family members
FAQs About Penal Code 601: Aggravated Trespass
1. Can I be charged with aggravated trespass if I didn’t physically harm anyone?
Yes, you can be charged with aggravated trespass if you made a credible threat and unlawfully entered the victim’s property, even if no physical harm occurred. The threat itself, combined with the trespass, is sufficient for a charge.
2. What is considered a “credible threat” in aggravated trespass cases?
A credible threat is a statement or action that causes the victim to reasonably fear for their safety. It can be a verbal threat, a written message, or an action that implies violence or harm is imminent.
3. Can aggravated trespass charges be reduced to a lesser offense?
Yes, depending on the circumstances, aggravated trespass charges can sometimes be reduced to simple trespass or dismissed entirely, especially if there is insufficient evidence or if the defendant did not intend to cause fear.
Contact KN Law Firm for Defense Against Aggravated Trespass Charges
At KN Law Firm, we understand the complexities of aggravated trespass cases and are committed to defending your rights. If you are facing charges under Penal Code 601, it’s essential to have skilled legal representation to protect your future. We serve Glendale, Los Angeles, and surrounding cities, and offer 24/7 free consultations at (888) 950-0011.
Don’t face these charges alone—call us today for a consultation to discuss your case and the best strategies for your defense..
