San Diego Trespassing Defense Lawyer
Trespassing can be a serious offense and can come with severe consequences, which may depend on if you have a previous criminal record or where you trespassed. Trespassing can be intentional or unintentional, as many people find themselves on someone’s property without knowing it, especially if you’re out in the woods somewhere. If you get charged with trespassing, how do you defend yourself?
If you have been arrested for trespassing on someone else’s property, the wise thing to do is call an experienced San Diego trespassing defense lawyer at Dod Law, APC immediately. At Dod Law, APC, we have successfully represented criminal defense clients in San Diego for almost two decades.
Understanding Trespassing and Associated Laws in California
Under California Penal Code Section 602 PC, trespassing is defined as entering or remaining on another’s land or property without consent or permission. This means that even if you had authorization to enter another’s property, refusing to leave the property after being asked to is still considered trespassing. Since the law states that the sanctity of private property must be respected, trespassing is a crime in CA.
Although trespassing is often charged as a misdemeanor, it can easily turn into a felony charge if the prosecution shows that the defendant willfully intended to harm or cause property damage or actually did so. Some examples of acts that may be considered trespassing in California include:
- Consciously entering a property with intent to damage or interfere with any lawful business
- Refusing to leave the public property after the lawful hours of operation
- Driving any type of vehicle to a real estate that doesn’t belong to you without permission
- Damaging or causing any injury to property, plants, signs, or business belonging to the state or someone else
- Skiing in a closed area
Many other acts may be considered trespassing by the prosecution in California, and if you’ve been charged with trespassing, the process can seem overwhelming. Therefore, retaining a knowledgeable San Diego criminal defense lawyer who understands the criminal justice system in California is crucial to getting the defense and support you deserve.
How Does the Prosecution Prove the Offense?
Understanding what kind of evidence and processes that prosecutors use against defendants is vital for building a solid defense. To get a “guilty” verdict, the prosecutor must establish without any reasonable doubt that the defendant:
- Deliberately entered or remained on the land or property of another without permission
- Acted in this manner with the intent to interfere with the plaintiff’s property right
- In doing so, the defendant interfered with these property rights
A San Diego trespassing defense lawyer can help you review the evidence against you and potentially gather new evidence to counter it. Armed with this, the lawyer may be able to build a strong defense case that can help you get the charges dropped or reduced.
How Do You Build a Strong Trespassing Defense Case?
Some trespassing defendants who sincerely believe they did nothing wrong may want to represent themselves in court. Unfortunately, this might be a sure and easy way for the prosecutors to win. A criminal defense lawyer who understands the law surrounding your charges will be able to potentially help you build a strong defense by proving that the defendant:
- Had permission or consent to be on the property
- Heeded the demand or request to leave the property but got arrested while in the process of leaving
- Wasn’t aware of any restriction laws against entering the premises
- Considered the property public and did not see a “no trespassing” sign, or any other form of restriction warning, within sight
- Made no threats and had no ill intent when entering the property
- Did not damage, destroy, injure, or distract any part of the property
At Dod Law, APC, our San Diego trespassing defense attorneys will work hard to find evidence that may establish that you’re innocent. Schedule a confidential free consultation now if you have been apprehended anywhere in San Diego for trespassing.
What Are the Possible Penalties for Trespassing in San Diego?
Most trespassing cases in San Diego are infractions or misdemeanors. If convicted of an infraction, the defendant can be fined up to $100. On the other hand, misdemeanor convictions can attract penalties of up to $1,000 and/or a jail time of up to one year and any other summary probation the judge may deem appropriate. Aggravated trespassing or any other serious form of trespassing can be charged under felony offenses, with the consequence of imprisonment of not more than three years if convicted.
Unfortunately, convictions lead to more consequences than just fines or jail time. The criminal record left behind may come to haunt the person years later when they want a job or other opportunity that considers the person’s criminal background. Having a skilled and tenacious San Diego trespassing defense attorney by your side may help you avert these consequences if the well-curated defense wins.
Contact San Diego Trespassing Defense Lawyer at Dod Law, APC Today
Although many trespassing charges aren’t severe, the accusations against defendants can easily change into potentially serious felony charges. This is especially true if the defendant lacks a strong defense. Criminal convictions of any type can be stressful, so getting an attorney who understands the criminal justice system is crucial.
At Dod Law, APC, we understand that anyone is innocent until proven guilty. Therefore, we work with all clients without assuming anything and with only one intent: to win the case. With years of experience representing clients accused of trespassing, you can rest assured that our San Diego trespassing defense lawyers have you covered. Contact us online or call us at (619) 814-5110 for a free consultation and confidential case evaluation.