Many people are familiar with simple trespass, which involves entering another person’s property without the owner’s consent. However, aggravated trespass is more than entering the property.

California PC 601 defines aggravated trespass as threatening another person with physical injury or death and then entering their property, home or workplace within thirty days of making the threats. Acts like putting threatening posters on a person’s property could be considered aggravated trespassing if you have made previous threats to the alleged victim.

Trespass is a serious offense, and the situation worsens when you face aggravated trespass. Although a typical trespass offense attracts misdemeanor charges, prosecutors can charge aggravated trespass as a felony.

A conviction for violating PC 601 attracts serious legal penalties, including lengthy prison time and fines. Additionally, you could have a felony conviction record that will affect multiple aspects of your life. If you or your loved one faces criminal charges for aggravated trespass, you will need competent legal guidance to battle the charges.

An Overview of Aggravated Trespass

Under California law, trespass could be linked to various things that center around entering a home or property without authorization from the owner. However, your trespass charge becomes aggravated when you enter the property after threatening the owner with serious bodily injury.

Therefore, you can face an arrest for trespass but end up with an aggravated trespass conviction. The laws on aggravated trespass are addressed under California PC 601 and are very serious. When proving your guilt under this statute, the prosecution must prove the following elements of the crime beyond a reasonable doubt:

  1. You Made a Credible Threat to Someone

The court will only find you guilty of aggravated trespass if the prosecutor can prove you made a credible threat. A credible threat under PC 601 makes the target experience fear for their safety and the safety of their families. Additionally, the defendant must be able to carry out the threats. Threats can be made orally, in writing, or electronically.

  1. You Threatened to Cause Physical Injury

Aggravated trespass is based on threats to cause bodily injury to the alleged victim. For this statute, "serious physical injury" means severe impairment to a person’s physical condition. Common forms of physical injury include:

  • Physical wounds
  • Broken bones.
  • Loss of consciousness.
  • Severe disfigurement.
  • Concussions.

The prosecution proves that you made the threats by presenting the testimony of witnesses who were present when you made the threats. Additionally, the victim’s reaction to the threats is key. 

  1. The Victim Feared for Their Safety and their Family Members’

You are found guilty of aggravated trespass if your actions cause another person to fear for their safety and that of their close family members. Under this statute, immediate family members include:

  • A child, parent, or spouse
  • Siblings or anyone else related to the victim by blood or marriage.
  • A person who frequents the victim’s house regularly.

After assessing these factors, the jury determines whether the alleged victim experienced fear from your actions.

  1. You Entered the victim’s Home within Thirty Days of Threatening Them

The last element of aggravated trespass that the prosecution needs to establish in your case is that you entered the victim’s home or workplace within thirty days of making the threat. When you entered the property, it should be clear that you knew it was the victim’s home and intended to carry out your threats toward them.

Some individuals are exempt from aggravated trespass prosecution even after entering a property without authorization, including:

  • The defendant lives with the alleged victim in the same home or real estate property.
  • Individuals who work in labor union activities that are scheduled to occur on the alleged victim’s property.

How Does Aggravated Trespass Differ from Trespass in California?

Although many people understand trespass in a casual setting, there is a significant difference between trespass and aggravated trespass. The definition of trespass differs depending on the person you ask.

A property owner could view trespass as someone entering their property to collect wood without permission. In contrast, for business owners, it may mean a person loitering on their business premises without authorization.

You commit the crime of trespass when you willfully enter a residence or property belonging to another person to interfere with the person’s rights to their property. Trespassing alone is not very serious, and prosecutors often charge it as a misdemeanor or infraction. Most defendants facing trespass charges will not serve jail time but may be subject to fines and probation.

On the other hand, aggravated trespass is less centered on entering property and more on making threats against another person. If you enter property belonging to a person you threaten within thirty days of the threat, you can face an arrest and conviction under PC 601. Compared to trespass, aggravated trespass is a serious offense that can be charged as a felony.

Penalties for Aggravated Trespass in California

Aggravated trespass is a California wobbler. The prosecution can file your case as a felony or a misdemeanor. Although the court has discretion in the filing of the charges, the following factors could affect the nature of your charges:

  • Facts of your crime. There are different ways through which you can commit aggravated trespass. The nature of your threats and the area you entered could affect how your crime is charged.
  • Criminal history. The court system is not lenient on repeat offenders. If you have an extensive criminal history, the prosecution could be geared towards filing felony charges. This ensures that you face the full extent of the law and discourages you from further criminal conduct.

As a misdemeanor, a PC 601 conviction attracts the following penalties:

  • Misdemeanor probation.
  • A fine that does not exceed $2,000.
  • A jail sentence of up to one year.

When charged as a felony, aggravated trespass is punishable by:

  • A three-year jail sentence.
  • Up to $10,000 in fines.
  • Formal probation.

Negative Immigration Consequences

Depending on the circumstances of your case, the prosecution could charge you with aggravated trespass as a felony. As an immigrant in the United States, facing a felony conviction is detrimental to your immigration status. Some of the common immigration actions that ICE could take against you after a PC 601 conviction include:

  • Inadmissibility. Being inadmissible means that if you leave the United States, you cannot reenter.
  • Deportation. ICE could deport you after a PC 601 conviction.

Facing deportation could significantly affect your family and livelihood in the United States. Therefore, you must be aggressive to fight and beat aggravated trespass charges.

Loss of Gun Rights

California has some of the strictest gun laws in the country. Therefore, a variety of individuals are prohibited from purchasing or owning a firearm, including:

  • Individuals with a felony conviction.
  • People with known mental incapacitation.
  • Individuals under eighteen years.
  • Individuals with an extensive criminal record.

If the prosecution files felony charges for violating PC 601, you risk losing your gun rights. The court will require you to surrender a firearm if you already possess one.

Probation after a PC 601 Conviction

In California, probation is an alternative to spending time in jail. Whether you face a conviction for a felony or misdemeanor aggravated trespass, you may be eligible for probation. Although probation protects you from prison time, it is not for all defendants.

Your attorney must negotiate with the prosecution for this sentence. If you are a first-time offender or do not have a violent criminal history, you may have a chance to serve probation.

If you face a misdemeanor conviction, you could serve your entire sentence with one to three years of community service. On the other hand, a defendant convicted of felony aggravated trespass will serve a part of their prison sentence on three to five years of probation. While on probation, the court could impose a variety of conditions that you must obey throughout your probation period, including:

  • Regular check-ins. If the court sentences you to felony probation, a probation officer is appointed to follow up on your case. You must regularly report your progress to the probation officer throughout your probation period. However, if you are only on misdemeanor probation, you will report the progress directly to the court.
  • Avoid criminal activity. While on probation for aggravated trespass, the court mandates that you avoid all illegal activity. Committing a crime while on probation is a serious violation with life-changing consequences.
  • Comply with the protective order. Since aggravated trespass involves threats of physical injury, the court may issue a protective order against you. While on probation, any attempts to contact the alleged victim are a violation.
  • Travel restrictions. The court requires individuals on felony probation to remain in the jurisdiction. Travel restrictions are imposed by the requirement to surrender all your travel documents.
  • Seek gainful employment. Having a stable job while on probation allows defendants to be responsible and avoid a probation violation.

The court is strict on individuals who violate probation. A violation of your conditions may result in a probation violation hearing. If the probation violation allegations are true, you could face the following consequences:

  • Reinstatement of your probation with harsh conditions.
  • Revocation of the probation and reinstatement of the original jail sentence.
  • Probation revocation and sentencing to the maximum prison sentence.

If you are adamant about avoiding jail time, it would be best to follow all your probation conditions.

Legal Defense Against PC 601 Charges

When you face an arrest and charges under PC 601, you must quickly begin building your defense with the help of a criminal lawyer. Your attorney can take different approaches, including presenting counterevidence and challenging the evidence presented by the prosecution. You can direct your defense towards a reduction of your charges, dismissal, or lesser charges. Common legal defenses you can apply against aggravated trespass charges include:

No Credible Threat

Your guilt under PC 601 is only substantiated if the prosecutor proves that your threats were credible. Your attorney can argue that your threats did not cause fear for the alleged victim.

Additionally, your lack of present ability to accomplish the threat makes it impossible for you to be found guilty under this statute. The court will accept this defense after assessing the different factors in your case.

You Did Not Make the Threats

Proving verbal threats is challenging for the prosecution, especially when there are no credible witnesses. Trespass becomes aggravated if accompanied by prior threats. Therefore, if there is no evidence that you made the threats, entering a property without permission will attract a trespass charge less severe than aggravated trespass. Using this defense means you are ready to face the consequences of a PC 602 conviction.

Lack of Intent to Cause Fear

The intent to cause fear to the alleged victim or their family is one of the elements that must be clear before you face a conviction for aggravated trespass. You can avoid a conviction if the prosecutor does not prove this intent beyond a reasonable doubt. A competent criminal attorney can convince the court that your words weren’t meant to cause fear.

No Intent to Carry Out Your Threats

The definition of aggravated trespass does not end with issuing a threat or causing a person to fear for their safety. A conviction requires that you make attempts to carry out these threats. Entering a person’s home or property is viewed as an attempt to go through your threats.

For example, if you threaten to harm someone and a person breaks into their home that night or the following day, they could automatically assume that you are the person breaking into their home.

Therefore, this defense is based on the fact that you did not enter the property. Unless there is video or photographic evidence of you entering the property, you can always argue that you are a victim of mistaken identity or false accusation.

Can I Expunge an Aggravated Trespass Conviction?

The consequences of aggravated trespass go beyond jail time and fines. The conviction leaves behind a permanent criminal record. Especially for defendants convicted of a felony PC 601, a felony record will affect different aspects of your life, including:

  • Employment. Many employees will perform a background check on all potential employees before offering them a company position. If an aggravated trespass conviction appears in your background check, the employer could use it to deny you the job.
  • Housing. Some landlords and property owners are reluctant to rent or lease houses to individuals with a felony record. This is because of the individual’s impact on other residents.
  • Professional license. If you seek a license to practice as a physician, dentist, doctor, or nurse, having an aggravated trespass on your record could disqualify you for the license. You can suffer a suspension or revocation if you are a professional license holder.
  • College admission. Admission into a good college or university with a felony conviction. Even when you are admitted, you cannot access financial aid from the state.

There are several ways to avoid the disabilities accompanying your conviction, including the sealing and expungement of your record. An expungement is a legal proceeding where the court allows you to withdraw the guilty verdict and re-enter a not guilty verdict.

Defendants seeking to expunge their PC 601 conviction must meet the following criteria:

  • Successful probation completion. If you are sentenced to probation after a PC 601 conviction, you must complete your probation term before petitioning the court for an expungement. Sometimes, the court may offer you an early probation termination, allowing you to file for the expungement faster.
  • You should not have served prison time. Fortunately, defendants facing felony aggravated trespass serve jail time. You can qualify for the expungement.

The process of expungement is long and complicated. Therefore, you will require a skilled lawyer to guide you in gathering your documents and filing the petition. If the court accepts your plea, you can answer "no" about prior convictions.

Additionally, employers cannot discriminate against you based on an expunged conviction. However, the expungement will not lift the firearm ban if you lose your gun rights after the conviction. You must follow a separate legal process to reinstate these rights.

Find a Competent Los Angeles Criminal Lawyer Near Me

Under California Penal Code 601, you commit a crime of aggravated trespass when you threaten to injure another person and enter their property within the next thirty days without permission. Trespass sounds like a common crime since many people put no trespassing posters on their personal property.

However, aggravated trespass has less to do with entering the property and is more about threatening to harm someone or their immediate family. Aggravated trespass can be a severe offense, and the stakes are high for defendants facing these charges.

Most of the consequences of an aggravated trespass conviction will impact your life long after you have served your criminal penalties. Fortunately, not all defendants facing charges under PC 601 are found guilty. Azərbaycanın top 10 ən yaxşı onlayn kazino saytları

You can explore various defenses to reduce your charges to misdemeanor trespass or dismiss the charges. Since the laws around aggravated trespass are complicated, seeking legal guidance is one of the wisest decisions you can make for your case.

At Los Angeles Criminal Attorney, we offer top-notch legal advice for all our clients facing aggravated trespass charges in Los Angeles, CA. Contact us today at 424-333-0943 and allow us to guide you through these challenging times.