San Diego Aggravated Trespassing Attorney

Are you facing an aggravated trespassing charge in San Diego, California? If so, you could receive a misdemeanor or felony conviction, depending on the circumstances of the trespass. 

The San Diego aggravated trespassing attorneys at Blair Defense Criminal Lawyers are here to protect your rights and fight for you. We have over ten years of experience defending the accused against crimes involving trespassing, assault, domestic violence, theft, stalking, and criminal threats. 

Contact online our San Diego, CA law office to schedule a free consultation with our skilled legal team or call us at (619) 357-4977. We’re here to offer sound legal advice and start building a defense to reduce or drop your criminal charges so you can move on with your life. 

How Our San Diego Criminal Defense Lawyers Can Help You With an Aggravated Trespassing Charge

How Our San Diego Criminal Defense Lawyers Can Help You With an Aggravated Trespassing Charge

An aggravated trespassing charge could accompany a domestic violence allegation if it was committed against certain family members or cohabitants. In that case, you need an experienced domestic violence attorney in San Diego, CA to fight for your reputation and freedom. 

When you hire Blair Defense Criminal Lawyers to handle your aggravated trespassing case, you can expect us to: 

  • Listen to your account of the events that led up to the aggravated trespassing charge as we work to understand the situation and how to successfully defend you 
  • Evaluate the prosecution’s evidence against you and determine whether we can find weaknesses or poke holes in their arguments 
  • Build a strong defense tailored to the facts of your case, including evidence proving lack of intent or false accusations 
  • Give honest opinions throughout your case and keep you updated at all times
  • Negotiate with the prosecutor on your behalf and take your case to trial if we fail to have your charges dismissed or fail to agree to a fair plea deal 

We know that being charged with a crime is a stressful thing to go through. With so much at stake, don’t try to take on your legal battle alone. Contact a dedicated San Diego criminal attorney to get a knowledgeable advocate on your side, and we’ll work towards the best outcome for you. 

What Is Aggravated Trespassing in California? 

In California, trespassing covers various acts, including unlawfully entering and occupying property owned by someone else without their consent. This is typically a minor misdemeanor offense or infraction punishable by no more than a $1,000 fine and/or one year in jail. 

Aggravated trespassing is a more serious offense that carries potentially harsher consequences

Additionally, these charges are often associated with domestic violence. You may face additional domestic violence-related charges if the alleged victim is a co-parent or your current or former spouse, cohabitant, or partner. For example, if you violate a restraining order by trespassing and refusing to leave your spouse’s property, you may face additional penalties for the violation.

You can be charged with aggravated trespass under California law if: 

  • You credibly threatened to cause serious bodily injury to someone else; 
  • The credible threat was made with the intent to place the alleged victim in reasonable fear for their safety (or the safety of their immediate family); and 
  • Within 30 days of making the credible threat, you unlawfully entered the alleged victim’s residence with the intent of carrying out your threat; or 
  • Within 30 days of making the threat, you unlawfully entered their workplace knowing it was where they worked, tried to locate them, and had the intent to carry out your threat. 

We examine several legal elements of aggravated trespass below: 

Credible Threat

A credible threat causes the alleged victim reasonable fear for their or their immediate family’s safety. It must appear that you were actually able to act on the threat. The threat could be oral, written, electronic (e.g., text message), or implied through a pattern of statements and/or conduct. 

Serious Bodily Injury 

Serious bodily injury is a severe physical impairment, including a concussion, loss of consciousness, a broken or fractured bone, impairment or loss of function of an organ or bodily function, a wound needing stitches, or disfigurement.  

Reasonable Fear

Whether the alleged victim had “reasonable fear” for their safety depends on the facts of the case. Many factors may be examined, including your conduct, demeanor, threats, relationship and history with the alleged victim, and the presence of eyewitnesses. The question is whether a reasonable person would fear for their safety given the situation.  

Immediate Family 

Immediate family includes: 

  • A spouse, child, or parent
  • A grandparent, grandchild, or sibling (related by blood or marriage)
  • A person who resided in the household (or regularly lived there in the last six months)

If you threatened to harm the alleged victim’s friend, the prosecutor would be unable to meet their burden of proof since a friend isn’t considered “immediate family.”  

Unlawfully Entered 

You must have willfully (purposefully) entered the alleged victim’s property (or workplace) and remained there without consent. For example, if you didn’t know that the alleged victim worked at a grocery store and you went there to buy something, this wouldn’t be an unlawful entry. However, if you knew they worked there and went for the sole purpose of carrying out your threat, you were visiting for an unlawful purpose. 

Contact us today to discuss your case.

What Are the Penalties For an Aggravated Trespass Conviction in California? 

A violation of California Penal Code 601 PC could result in a misdemeanor or felony conviction. 

If it’s charged as a misdemeanor, you can face: 

  • Jail time of up to one year
  • A fine of up to $2,000
  • Both jail and a fine 

If the aggravated trespass is charged as a felony, it could be punishable by between 16 months and three years in prison.

These charges also carry collateral consequences, such as a criminal record, trouble finding employment, child custody issues, and loss of professional credentials. 

What Are Some Defenses Against an Aggravated Trespassing Charge? 

Several defenses may apply to your aggravated trespassing criminal charge, including: 

  • The threat wasn’t credible (e.g., you were obviously unable to carry out the threat) 
  • You had no intent to harm the alleged victim (e.g., you were joking)
  • The alleged victim’s perceived fear wasn’t reasonable (e.g., if you were playing a game and you said, “I’ll get you for that!” in a joking manner – this is likely unreasonable fear)
  • You entered the alleged victim’s residence or workplace lawfully and with consent 
  • You had no intent to carry out your threats (e.g., you didn’t know the alleged victim worked somewhere, or you visited them to apologize) 
  • Mistaken identity 
  • False accusations 
  • Constitutional violations
  • Police misconduct

We’ll listen to your side of the story to determine every defense that may apply to your aggravated trespassing case. 

Contact Our San Diego Domestic Violence Law Firm For a Free Case Evaluation

If you’ve been accused of aggravated trespassing in San Diego, CA, you don’t have a lot of time to waste. Your reputation, relationships, and freedom are all on the line. You need to get an experienced San Diego aggravated trespassing lawyer to fight for you and ensure you’re treated fairly throughout the legal process

Contact Blair Defense Criminal Lawyers today for help building a winning defense strategy. We know how to take on the toughest cases and protect the rights of the accused. We’re available 24/7, so don’t hesitate to contact us for a free consultation to discuss your legal options.

Related Articles

Areas We Serve in San Diego, CA

Carmel Valley, Del Mar Heights, Del Mar Mesa, Fairbanks Ranch Country Club, La Jolla, Pacific Highlands Ranch, Torrey Hills, Torrey Pines, University City, Bay Ho, Bay Park, Harbor Island, Liberty Station, Midway District, Mission Bay Park, Mission Beach, Morena, Ocean Beach, Pacific Beach, Point Loma (La Playa, Loma Portal, Point Loma Heights, Roseville-Fleet Ridge, Wooded Area), Shelter Island, Sunset Cliffs, Balboa Park, Bankers Hill, Downtown, Golden Hill, Hillcrest, Middletown, Mission Hills, Normal Heights, North Park, Old Town, South Park, University Heights, Alta Vista, Bay Terraces, Broadway Heights, Chollas View, Emerald Hills, Encanto, Jamacha, Lincoln Park, Lomita, Oak Park, Paradise Hills, Redwood Village, Rolando Park, Valencia Park, Webster, Black Mountain Ranch, Carmel Mountain, Rancho Bernardo, Rancho Encantada, Rancho Peñasquitos, Sabre Springs, San Pasqual Valley, Scripps Ranch, Torrey Highlands, Clairemont, Kearny Mesa, Mira Mesa, Miramar, Sorrento Valley, Allied Gardens, Birdland, Del Cerro, Grantville, Lake Murray, Linda Vista, Mission Valley, San Carlos, Serra Mesa, Tierrasanta, Barrio Logan, Grant Hill, Logan Heights, Shelltown, Sherman Heights, Stockton, Egger Highlands, Nestor, Ocean View Hills, Otay Mesa, Otay Mesa West, Palm City, San Ysidro, Tijuana River Valley, City Heights, College Area, El Cerrito, Kensington, Mount Hope, Mountain View, Rolando Village, Southcrest, Talmadge.