The crime of trespass generally occurs when a person enters or remains on another person’s property without permission or consent of the owner (Penal Code section 602). There are more specific version of “trespass” that require certain elements to be proven, but the following are common violations:
- entering and occupying another person’s property without permission (PC 602(m))
- entering property with intent to damage the property (PC 602(i))
- refusing to leave or exit premises after being told to do so (PC 602(l)(1))
- entering property and interfering with business conducted on the property (PC 602(k))
Given that in the vast majority of cases, the land being trespassed upon is “open land” (beaches, parks, fields, meadows, etc.), without any warnings or posted signs stating, “private property”, it is extremely helpful to speak with an attorney to develop an effective strategy that can be presented to the local prosecutor. Perhaps the client innocently believed it was “okay” to be on the property or that he/she thought he/she was simply exercising a right to be on the property. Whatever the reason, especially if the reason seems logical and reasonable, an early and thoughtful discussion with the prosecutor could prevent the case from being filed in the first place or assist in having it dismissed later. Alternatively, the discussion may lead to reduction in the penalties applied.
The punishment for the various forms of trespass (which are almost all filed as a misdemeanor) will include a period of informal probation (usually three years), up to one year of custody in the county jail (usually no jail will ever be imposed), fines/fees and imposition of a “stay away” order. Such an order simply means that the defendant stays away from the location during the entire period of probation.
Practical Note: For many first-time offenders, it is appropriate to request that misdemeanor charge be reduced to an infraction, punishable only by a fine (Penal Code section 602(m).