In most cases, trespassing is not a serious crime and does attract severe legal penalties upon conviction. However, when charged with aggravated trespass, you could be at risk of severe penalties upon conviction, including lengthy jail terms and hefty fines. While being arrested or charged with an offense can be confusing, you have options, even if you are a repeat offender.

The first step to protecting your legal rights and increasing your odds of securing a favorable outcome if you are in this situation is hiring a defense attorney. A seasoned defense attorney can review the specific facts of your case to determine the best defenses that can help convince the jury or the judge to drop or reduce your charges to a lighter offense.

At California Criminal Lawyer Group, we have decades of experience defending clients charged with aggravated trespass and related offenses, and we can help you. If you or a relative is under investigation or arrested as a suspect in an aggravated trespass case in Fresno, our attorneys can help you obtain the best possible outcome.

When you contact us, we will investigate your case to build the best defenses to help you obtain a favorable outcome.

Legal Definition of Aggravated Trespass

According to Penal Code (PC) 601, you commit the crime of aggravated trespass when you threaten to injure another person or his/her family and then enter his/her property, residence, or workplace without permission to do so. Since the facts of this case go beyond a minor trespass offense, prosecutors and judges treat this offense with the seriousness it deserves.

Unlike a trespass offense, which is chargeable as a misdemeanor, if you are guilty of aggravated trespass under PC 601, you could face harsh felony penalties. Strengthen your understanding of the aggravated trespass offense with these two examples:

  • Jonathan tells his ex-fiance that she will regret breaking up with him, and then one week later, Jonathan enters her workplace with a hockey stick in his hand.
  • Maurice tells his colleague that he will punch him, and then he drives to the colleague's residence with the criminal intent or motive to fight him.

It is crucial to recognize that the crimes of trespass under PC 602 and aggravated trespass under PC 601 are not the same in the eyes of the court. When you are under arrest or charged with aggravated trespass, a skilled defense attorney can assist you in maneuvering the confusing legal justice system to obtain a desirable result.

Bail Process After an Arrest as a Suspect in an Aggravated Trespass Criminal Case

While several severe crimes could make you ineligible for bail, aggravated trespass is not one of those offenses. If you are behind bars as a suspect in an aggravated trespass case, you do not have to stay behind bars before your case judgment date, which could occur weeks or months later.

By posting bail, you can obtain your freedom to go home and move on with your life as your case progresses through various stages of the criminal justice system. However, before posting your bail, you have to undergo a booking process, where the officer in charge will:

  • Take your mugshots.
  • Record your name, physical characteristics, date of birth, and the alleged offense details.
  • Confiscate your belongings, including watches, necklaces, and clothes.
  • Thoroughly check you for illegal weapons or contraband.
  • Hold you in the detention facility, awaiting your release on bail.

If your offense has no predetermined bail amount listed on the bail schedule at the police station, you will have to wait for your case bail hearing, which should occur within 24 hours after an arrest. During the bail hearing, the court will consider the following factors when determining whether to release you on bail:

  • Whether you are a flight risk.
  • The severity of your offense.
  • Whether you have a record of skipping bail.
  • Your criminal record.
  • Your behavior in court.

If you are eligible for bail, you can pay it through either of the following ways to obtain your freedom:

  • Cash.
  • Property.
  • Bail bond.

Your defense attorney can help you decide the best way to settle your bail to secure your freedom without delay. If you cannot afford the required cash or are unwilling to risk your money or property, you should consider working with a bondsman to obtain your freedom on a bond. A bail bondsman can post your bail for a fee (typically ten percent of the bail amount).

What to Expect During Your Case Pretrial Hearing

Before your case proceeds to trial, the judge could hold a pretrial hearing, also known as a pretrial conference. Some of the most critical issues that occur during this hearing include:

Settling of Administrative Issues

The judge will settle administrative issues during the pretrial hearing to ensure the trial process runs smoothly. These administrative matters include setting your case's trial date and specifying other crucial court appearances.

Filing of Pretrial Motions

Your defense attorney will have a chance to file various pretrial motions to secure the best possible outcome in your case. Some of these pretrial motions include:

  • Motion to suppress evidence.
  • Pitchess motion.
  • Motion to dismiss.

Plea Agreement Negotiations

The prosecutor and your attorney can weigh the odds of your criminal case proceeding to trial during this hearing. If the prosecutor finds that he/she has insufficient evidence to secure a PC 601 violation conviction against you, he/she could agree to enter into a plea deal.

One of the plea bargain deals he/she could agree to is reducing your aggravated trespass charge to trespass, which carries a lighter sentence.

Exchange of Evidence

In addition to negotiating a favorable plea deal, a pretrial hearing allows the prosecutor and your attorney to exchange facts and evidence on the case. A reliable attorney will find the weak point in the prosecutor's case against you during the hearing to build proper defense arguments.

The Judge Sets Trial Rules

During this hearing, the judge will also set some crucial rules to help the trial run smoothly and in the best interests of justice. For instance, these rules could address what should occur during the opening statements, cross-examination, and closing arguments.

Since aggravated trespass is a felony, the court could expect your presence during every stage of the legal justice system, including the pretrial hearing. If everything works in your favor, the court will drop or reduce your aggravated trespass case to a less severe offense during this stage.

What the Prosecutor Should Prove at Trial to Obtain a PC 601 Violation Conviction Against You

Before obtaining a conviction against you under PC 601, the prosecutor presiding over your case must prove the following facts or "elements of the crime" at trial beyond a reasonable doubt:

  1. You Issued Credible Threats to Cause Severe Physical Injury to Another Person

If the prosecutor has sufficient evidence to prove to the court that you intended to cause severe physical injury to the other person (victim), you could be guilty of a PC 601 violation. For the sake of this law, a credible threat will be one that:

  • Makes the victim suffer reasonable fear for his/her safety or that of his/her immediate family.
  • Makes the defendant seem likely to execute his/her threats.

Even if you did not issue the threats orally, you could be guilty under this statute if the prosecutor can prove you did so in writing or electronically via social media or any other online platform. On the other hand, a severe physical injury can be any injury that could impair the person's physical condition, including broken bones or disfigurement.

  1. You Had the Criminal intent to Place the Person on Reasonable Fear for His/Her Safety

Another crucial element the prosecutor must prove for a PC 601 violation conviction is that you had the criminal intent to make the victim fear for his/her safety or that of his/her immediate family. To prove this element, the prosecutor could argue that:

  • You have a criminal history, meaning there are high chances that you could do so.
  • The victim reacted to the threats.
  • You had a bitter breakup with the victim.

  1. You illegally Entered the Victim's Workplace or Residence Within 30 Days of Making the Threats

Finally, to obtain a conviction against you for aggravated trespass, the prosecutor must prove that you illegally entered another person's workplace, property, or residence within thirty (30) days of issuing credible threats. You would not be guilty of this offense if you entered your workplace, residence, or property.

Potential Sentence for a PC 601 Violation Conviction

Upon a conviction for aggravated trespass at trial, the judge will schedule your case for a sentencing hearing to determine the fair sentence you should receive. Since a PC 601 violation is a wobbler, you should expect misdemeanor or felony penalties upon conviction.

If charged as a misdemeanor, a PC 601 violation conviction could attract the following possible legal penalties:

  • Misdemeanor probation.
  • A fine not exceeding $2,000.
  • A maximum of one (1) year jail time.

However, when the prosecutor files the case as a felony, your potential sentence upon conviction will be harsher. Generally, a felony aggravated trespass conviction will carry the following sentence:

  • A maximum of three (3) years jail time.
  • Felony probation.
  • A fine not exceeding $10,000.

Whether the prosecutor will file your aggravated trespass case as a misdemeanor or a felony depends on your case's unique circumstances and facts. If the victim sustained a physical injury or you have a criminal record, the prosecutor will likely file your case as a felony.

Unfortunately, aside from these harsh legal penalties, a PC 601 violation conviction could attract other negative consequences, including:

  • Deportation if you are a non-citizen.
  • Revocation or suspension of your professional licenses.
  • Challenges in obtaining reliable employment, especially if your offense is a felony.
  • Loss of your gun rights if the prosecutor obtained a felony conviction against you.

Best Defenses that Can Challenge a PC 601 Charge at Trial

Your defense attorney could challenge your aggravated trespass charges by raising various legal defenses. Well-crafted defenses backed up with proper evidence could work in your favor to obtain a dismissal of your charges or lighter penalties. Some of the common defenses your defense attorney could apply to challenge a PC 601 charge include the following:

  1. You Did Not Make Any Credible Threat Against the Victim

If you did not make credible threats to the victim as described above, the court cannot convict you for a PC 601 violation. Your attorney can argue that you issued threats against the victim, but they were not credible, meaning they would not likely cause any person to fear for his/her safety.

The court could drop or reduce your charges if he/she finds your attorney's argument reasonable and true beyond a reasonable doubt.

  1. You Had No Criminal intent to Make the Victim Fear for His/Her Safety

Intent to make the victim fear for his/her safety or life is one of the crucial elements that the prosecutor must prove to secure a PC 601 violation conviction against you. If your defense attorney can raise clear arguments backed up with proper evidence to prove that you did not cause the victim to fear for his/her safety or life, you will not be guilty of aggravated trespass.

  1. You Had No Intent to Execute The Threat

Your attorney can argue that you entered the victim's workplace, residence, or property but did not intend to execute your threats. If this defense argument works to your advantage, the court will likely drop or reduce your PC 601 charge to a less severe offense like trespass under PC 602.

  1. The Incident Was Accidental

Although you entered the victim's premises, property, or workplace, your attorney can argue the incident was accidental to secure a favorable outcome. For instance, if you showed up at the victim's workplace to drop off a job application letter without knowing that he/she worked there, you would not be guilty of a PC 601 violation.

  1. You Had Consent to be in the Property or Premises

Lastly, you are only guilty of a PC 601 violation if you entered another person's residence, workplace, or property without his/her consent. If your attorney can prove that you had permission to enter the residence or property in question, the court cannot convict you for a PC 601 violation because that does qualify as trespassing.

The ability of your defense attorney to use these defenses to convince the court to drop or reduce your charges depends on his/her aggressiveness and experience. A seasoned defense attorney who understands how local prosecutors and judges treat this offense could put you in a better position to obtain a favorable outcome than an inexperienced attorney would.

Eligibility for an Expungement Upon a PC 601 Violation Conviction

If you are guilty of a PC 601 violation, you could qualify for an expungement once you complete your jail time and probation requirements. According to PC 1203.4, an expungement can release you from several detrimental consequences of a conviction.

One advantage of obtaining an expungement is that you do not have to disclose it to your potential employer or landlord, increasing your chances of securing reliable employment and an apartment. As general eligibility criteria, PC 1203.4 allows expungement of felony or misdemeanor offenses as long as:

  • You are not on probation.
  • You do not have any pending charges or serving a jail term or probation for one.

If you have served your jail time or completed your probation for a PC 601 violation conviction, your attorney can help you file an expungement petition. Your attorney will know the steps and the evidence necessary when petitioning for an expungement. If the judge accepts your PC 1203.4 petition, he/she will set aside the "guilty" judgment and dismiss your case.

Afterward, you will be free from all the disabilities and negative consequences caused by the conviction. After an expungement, you can confidently and legally say you do not have a criminal record when someone is inquiring about your criminal background, unless when:

  • You are applying for a job as a peace officer or police officer.
  • You are applying for a state license.
  • You are applying for a job in a public office.
  • You are applying for a job at the lottery commission.

If you are ineligible for an expungement, your attorney can help you obtain other post-conviction relief options to avoid the detrimental consequences of a PC 601 violation conviction. Other post-conviction relief options you could qualify for include:

  • Governor's pardon.
  • Certificate of rehabilitation.

Offenses Closely Related to a PC 601 Charge

In most cases, prosecutors will find closely related offenses to file against you if the available evidence cannot convince the jury beyond a reasonable doubt that you are guilty of a PC 601 violation. Some of these offenses include:

Burglary

PC 459 defines burglary as entering another person's property, residence, or vehicle with the criminal intent to commit petty theft or grand theft once inside. The prosecutor can file this offense as second-degree or first-degree, depending on your case's particulars. If charged with first-degree (FD) burglary, you should expect a jail term of up to six years and a fine not exceeding $10,000.

Trespass

In most cases, the prosecutor will file trespass charges against you if his/her evidence is insufficient to obtain a conviction against you under PC 601. According to PC 602, you commit the offense of trespass when you enter someone else's property or residence without the owner's consent or a legal right to do so.

In many cases, the prosecutor will file this offense as a misdemeanor, carrying the following potential consequences upon conviction:

  • A fine not exceeding $1,000.
  • Six months of jail time.

However, at other times, the offense of trespass will only attract infraction charges, carrying only a fine upon conviction.

Criminal Threats

You commit the offense of criminal threats under PC 422 when you threaten to kill or inflict a physical injury on another person, and the following is true:

  • The person or victim was under reasonable fear for his/her safety or life.
  • The threat is specific.
  • You communicated your threats electronically, verbally, or in writing.

Like aggravated trespass, a PC 422 violation could attract misdemeanor or felony penalties upon conviction because it is a wobbler offense.

When charged as a felony, a PC 422 violation conviction could attract a maximum of four (4) years of custody in jail and a fine of up to $10,000. However, when charged as a misdemeanor, a conviction under this statute will carry a fine not exceeding $1,000 and a jail term of not more than one (1) year.

If the prosecutor can prove that you used a dangerous weapon like a gun to communicate your threats, these legal penalties will grow harsher.

Stalking

According to PC 646.9, you commit the offense of stalking when you maliciously threaten, harass, or follow another person to the point that he/she fears for his/her safety or health. Like aggravated trespass and criminal threats, stalking is a wobbler offense.

If you are guilty of a felony stalking offense, your sentence could include up to five (5) years of jail time. However, if you are guilty of a misdemeanor stalking offense, your sentence will include up to one (1) year of jail time.

Vandalism

PC 594 defines the offense of vandalism as maliciously damaging, defacing, or destroying another person's property. If the monetary value of damage caused is less than $400, the prosecutor will file your offense as a misdemeanor, carrying a maximum of one (1) year of detention in jail upon conviction and a fine not exceeding $1,000.

However, if the monetary value of the damaged property is $400 or more, your offense will attract felony charges. A felony vandalism offense will carry the following sentence:

  • A fine not exceeding $10,000.
  • Up to three (3) years of custody in the county jail.

Find a Seasoned Defense Attorney Near Me

We invite you to contact our profound defense attorneys at California Criminal Lawyer Group at 559-712-8377 if you or a loved one is under investigation or charged with aggravated trespass in Fresno. We can negotiate with the prosecutor to dismiss or reduce your charges to a less severe offense, like trespass, which carries lighter penalties.