is when you go on somebody else's property.

But in California law and in Penal Code Section 602,

the crime of trespassing is more likely to be charged

in a situation where you interfere with somebody's use

and enjoyment of their property, or you

create a nuisance on their property,

or you refuse to leave after they tell you to go.

-California trespassing laws are unique in that they

can be charged either as a felony, a misdemeanor,

or an infraction.

The prosecutor has the discretion

which one to file based on the individual circumstances

of your case.

-Normally, simple trespass in California

can be charged as either an infraction or a misdemeanor.

If you're charged with an infraction of trespass,

you most likely just face a fine.

However, if you're charged with a misdemeanor

trespass in California, you face up

to six months in county jail, or up to a $1,000 fine, or both.

In California, there's another kind of trespass

that's more serious, and this is aggravated trespass.

Now, aggravated trespass occurs when

you make a threat to injure someone seriously,

and within 30 days of making that threat,

you unlawfully enter that person's home or workplace

with the intent to carry out that threat that you had made.

Now, aggravated trespass can be charged

as either a misdemeanor or a felony.

If you're convicted of a misdemeanor,

you face up to one year in county jail

and up to a $2,000 fine.

However, if you're charged with aggravated trespass

as a felony, you face up to three years in state prison

and a $2,000 fine.

Perhaps most importantly, if you're

convicted of a misdemeanor or a felony trespass,

is that you'll then have a criminal record.

And that conviction will show up on criminal background checks,

and this may prevent you from obtaining

future employment or other benefits.

-Trespass can be a surprisingly difficult charge

for the prosecutor to prove, and in fact,

a lot of innocent people get wrongfully

charged with this offense.

The good news is that here at Shouse Law Group,

we've had a great record of success

over the years in defending clients accused of trespass

and ultimately getting their charges reduced or dismissed.

-One possible defense to the charge

of criminal trespass in California

is establishing that you did not interfere

with the property owner's use or enjoyment of their property.

For example, merely entering onto somebody's property

isn't enough to establish criminal trespass.

So if you're going for a walk and happen

to take a rest on somebody's property, be it in their grass

or on their bench, that isn't going to be criminal trespass.

In order for it to be criminal trespass,

you have to do something more.

You have to be interfering with that property owner's right

to use their property and to enjoy their property.

-Another defense to trespass in California

is that you had consent to enter the property.

Now, for example, say you go to a home of one of your friends

who's throwing a party.

And once you're there, his roommate,

that wasn't aware of the party, calls the cops

and says that you were trespassing.

Now, you could assert the defense of consent

because one of the other lawfully-residing people

there invited you into the home, and thereby gave you consent

to enter the property.

Thus, you would not be guilty of a trespass.

-Sometimes trespass is used as a plea

bargain in a more serious case.

So for example, a person might be

charged with domestic violence or lewd conduct

or prostitution.

And the defense lawyer reaches an agreement

with the prosecutor that if you would dismiss that more serious

charge, we'll plead guilty to trespass, sometimes

as a misdemeanor, sometimes even as an infraction.

And the idea is that trespass is a lot less serious

and carries a lot less stigma than the more serious offense

that the person was originally charged with.