You commit the crime of trespass when you enter and remain in another person's property or residence without his/her permission or consent to do so. While trespassing is a serious crime by itself, the repercussions of the offense will increase if it entails entering another person's business or any threatening behavior.
The combination of trespassing and threatening behavior raises safety and security concerns for the premises owners and all other occupants. While making a credible threat against a person or his/her immediate family is a separate crime, entering his/her property after making the threats could attract aggravated trespass charges under the Penal Code (PC) 601.
A PC 601 charge is an offense you should not assume because it can result in felony penalties, affecting several aspects of your life, including your professional life. If you are under investigation or have pending PC 601 charges, working with a defense attorney could increase your chances of securing a favorable outcome.
What Aggravated Trespass Means Under PC 601
According to PC 601, you commit the offense of aggravated trespass when you threaten to cause physical injury to another person with the criminal intent of making him/her fear for his/her safety. Then, you enter his/her workplace or home without his/her consent.
Generally speaking, aggravated trespass is a two-part crime that involves making credible threats and entering another person's property without permission. Specifically, you violate this statute when you illegally enter another person's property within thirty (30) days of making your threats.
Doing that shows you had the criminal intent to execute your threats, which is why law enforcement officers and judges treat this offense seriously. While a typical trespass offense under PC 601 is a misdemeanor, an aggravated trespass offense is punishable as a felony. However, with the help of your attorney, you could convince the prosecution team to file your offense as a misdemeanor since it is a wobbler.
To understand the offense better, we will list various elements of the crime below. These are the facts the prosecution team must prove at trial beyond a reasonable doubt to secure an aggravated trespass charge conviction against you, and they include:
- You threatened to cause a physical injury to another person
- You had the criminal intent to put the person (victim) in reasonable fear for his/her life or safety
- Within thirty (30) days of issuing the threats, you entered the victim's property, home, or workplace without any lawful reason to be there
- You were aware the premises or place you illegally entered was the victim's workplace or home
It is worth noting that the prosecution team does not have to show the court that your conduct was willful, deliberate, or intentional to secure a PC 601 charge conviction against you. Also, you would not be guilty under this statute if the workplace, premises, or property you entered is lawfully yours.
Here is a brief overview of crucial legal phrases and terms you ought to understand if you have a pending aggravated trespass charge:
Credible Threats
For a threat to qualify as credible, the victim must have sustained reasonable fear for his/her safety or that of his/her immediate family members, meaning you have the physical and mental capability to execute them. The court will consider the facts and context of your unique case to determine whether the victim had a reason to fear for his/her safety after receiving your threats.
The threats could qualify as credible if the prosecutor can prove that you have a history of aggression and violence or the alleged behavior was repetitive. For the sake of PC 601, the threats could be electronic, oral, or written.
Serious Bodily Injury
A great or serious bodily injury is any significant physical injury on your body that exceeds ordinary or minor injuries, including the following:
- Severe disfigurement
- Bone fractures
- Concussion
- Wounds that require suturing
- Loss of a body limb or organ
- Unconsciousness
Immediate Family Members
The prosecutor could secure a PC 601 charge conviction against you if your threats caused the immediate family members of the victim to sustain reasonable fear for his/her safety. According to PC 601, immediate family members could be any of the following individuals:
- Grandparent
- Parent
- Spouse
- Children
- Grandchildren
- A sibling either related by blood or marriage
- Any person who often lives in your home
Reasonable Fear
Not all threats can make a person sustain reasonable fear for his/her safety. When determining if you had the criminal intent to make the victim or his/her immediate family members sustain reasonable fear for their safety, the court will consider the following factors:
- Your behavior or conduct
- The victim's response or reaction to your threats
- Your verbal messages if the threats were orally communicated
- Your relationship with the victim
- Past encounters you had with the victim
Workplace or Residence
As mentioned in the previous paragraph, the court cannot convict you for a PC 601 charge if you entered your workplace, house, or property. For example, David is Leonard's boss and tells him to stop preparing for a specific assignment in his/her workplace, only to return the next day and discover that the boss has hired someone else.
Due to anger, Leonard threatens to inflict physical injury or kill David for messing him up. Then, the next day, Leonard injures David on his/her head using a hockey stick. In this case, the court cannot convict David for aggravated trespass because the offense occurred in his workplace, meaning he/she did not trespass.
Legal Defenses for an Aggravated Trespass Charge
A reliable defense attorney can challenge a PC 601 charge by raising various legal defenses at trial, where a judge or jury will decide whether or not the allegations you are up against are true. The most common and reliable legal defenses your attorney could apply in your unique case include:
The Threat Was Not Credible
One of the facts the prosecutor must prove at trial is that your threats were credible, making the other person fear for his/her life. Therefore, it is a valid defense to argue that you threatened the victim, but your threats were not credible, meaning he/she does not have a reason to fear for his/her life. For instance, your defense attorney can argue that you threatened the victim jokingly.
If this defense argument works in your favor, the jury will likely drop or reduce your charge or a lighter offense like trespass.
You Had No Intent of Causing Fear
It is also a valid defense to argue that you threatened the victim, but you had no criminal intent of causing him/her to fear for his/her safety or life. However, your attorney needs a smart and well-thought-out approach to convince the judge or jurors that you did not have the criminal intent of making the victim fear for his/her safety when you issued your threats.
You Had No Intent to Execute or Carry Out the Threat
If your attorney argues that you had no intent of carrying out your threat, he/she is telling the jury that at the time of issuing the threats, you had no conscious desire or genuine plan to execute the threats. To support this defense argument, your defense attorney can argue that you do not have the resources or means to execute or carry out your threats.
You Did Not Violate Anyone's Property or Business Rights
Remember, for a PC 601 violation conviction, the prosecutor must prove that you entered another person's residence, property, or workplace. Your attorney could argue that you had a legitimate reason for your actions or behavior to support this defense argument.
With aggressive defense arguments and evidence, the jury or the judge could dismiss or reduce your aggravated trespass to a less serious offense, like trespass.
Penalties for a PC 601 Charge Conviction
A PC 601 charge is a wobbler in the eyes of the law. That means the prosecutor can file the offense as either a misdemeanor or a felony. The prosecutor is more likely to file felony PC 601 charges against you. If you are a repeat offender or you injured the victim using a dangerous weapon. A felony conviction under this statute will carry the following potential penalties:
- Up to three (3) years of jail time
- Felony or formal probation
- Up to $10,000 maximum fine
If there are no aggravating factors, like a criminal record, the prosecution team will file your case as a misdemeanor punishable by:
- Up to one (1) year of jail time
- A fine not exceeding $2,000
- Misdemeanor or summary probation
These penalties are grave and could be life-changing, even if your offense is a misdemeanor. However, with the help of an aggressive attorney, you could convince the judge or jury you are an excellent candidate for probation to avoid serving lengthy jail time. If you are eligible for probation, the court will require you to abide by certain strict terms, including the following:
- Agree to frequent meetings with a probation officer
- Avoid a re-arrest or new offenses
- Stay alcohol- or drug-free
- Attend a counseling session
- Pay the required fine and court costs
- Pay compensation to the victim if you injured him/her
- Stay away from certain people (gang members)
If your offense is a felony, you should expect active supervision during probation, meaning the court will require you to make regular appointments or check-ins with a probation officer. In most cases, felony probation or parole will last two (2) years. However, a misdemeanor probation duration will not exceed one (1) year.
It is important to note that abiding by the court-set probation terms is essential. When you fail to comply with the set probation conditions and requirements, the court will revoke your probation and authorize law enforcement officers to arrest and detain you. Unfortunately, probation violation is also a crime under Penal Code 1203.2, meaning you should expect some penalties upon conviction.
However, these penalties do not come automatically. Your attorney can help you request a probation violation hearing to challenge these allegations. Below are the possible outcomes to expect from this hearing:
- Reinstatement of your probation with the same or modified terms
- Revocation of your probation, meaning you must serve the original sentence for your conviction
Therefore, you should strive to comply with the terms of your probation for the required duration to avoid unnecessary legal consequences. Whenever you are unsure what to do and not do while on probation, your attorney or probation officer can help.
The Impacts of a PC 601 Violation Conviction on Your Legal Gun Rights and Immigration Status
Unfortunately, a PC 601 charge conviction could attract other consequences beyond the above standard legal sentence. Examples of these consequences include the following:
Loss of Your Constitutional Gun Rights
Like any other felony offense, a felony PC 601 charge conviction can make you lose your legal gun rights. Specifically, PC 29800 makes it illegal for any felony or a person with any felony conviction on his/her record to own, possess, or buy a firearm.
Deportation
Generally speaking, most felony criminal convictions, particularly for crimes involving threats or violence, will attract negative immigration consequences if you are a non-citizen. Examples of these immigration consequences include deportation or being marked inadmissible. Being marked inadmissible means you cannot re-enter the country or apply for a green card after deportation to your home country.
Can I Expunge a PC 601 Charge Conviction?
If you have a pending PC 601 charge, your attorney's main aim will be to convince the court to drop the case. However, if that is impossible, you should not let a conviction affect the quality of your life afterward.
If you have a PC 601 charge conviction, you could qualify for an expungement once you complete the terms and requirements of your parole as long as you do not have any other pending charge. That is true regardless of whether your case is a felony or misdemeanor. According to PC 1203.4, an expungement will release you from the most negative repercussions of a conviction, particularly in your professional life.
After an expungement, you can confidently say you do not have a criminal conviction record during job applications and interviews. If you have an attorney, he/she can prepare your PC 1203.4 petition and represent you in court to increase your odds of securing a favorable outcome.
Aside from releasing you from the most detrimental consequences of a conviction, an expungement gives you the satisfaction of knowing you do not have a criminal record.
A PC 601 Charge and Closely Related Offenses
Aggravated trespass is closely related to some offenses under the Penal Code because they share similar or closely related facts that the prosecutor must prove to the court for a conviction. That means the prosecutor could file any of these offenses against you instead or in addition to the PC 601 charge. Examples of these offenses include (but are not limited to) the following:
- Trespass under PC 602
- Criminal threats under PC 422
- Burglary under PC 459
- Corporal injury to a spouse under PC 273.5
- Domestic battery under PC 243(e)(1)
- Stalking under PC 646.9
- Vandalism under PC 594
Reasons Why You Need a Skilled Defense Attorney if You Have a Pending PC 601 Charge
As you can see, the penalties and consequences of a PC 601 charge conviction can be life-changing. Retaining the services of an attorney as soon as possible if you are under investigation or arrest as a suspect in an aggravated trespass case is the best decision you could make to stand a chance of securing a favorable outcome in a legal justice system that is not on your side.
Listed below are some of the reasons to hire a skilled and seasoned defense attorney if you are under investigation, under arrest, or have a pending PC 601 charge:
- You need legal counsel to know how to approach the criminal allegations you are up against
- He/she has the necessary resources and knowledge to help you build viable legal defenses
- He/she knows the best way to navigate the criminal justice system to secure a favorable outcome
- He/she likely has a great professional relationship with local prosecutors and judges
While you can represent yourself in court, you will have a higher chance of securing a desirable verdict if you have a seasoned and aggressive defense attorney in every stage of the legal justice system.
Find a Skilled Defense Attorney Near Me
If you are under arrest or have a pending PC 601 charge, hiring an attorney can mean the difference between a conviction and dismissal of the case or lighter penalties. A skilled attorney will thoroughly scrutinize your case and interview eyewitnesses to craft the best defenses to challenge the allegations you are up against for the best attainable outcome.
We invite you to call our reliable attorneys at Darwish Law at 714-887-4810 to discuss your unique case with our reputable defense attorneys and learn about your options wherever you are in Santa Ana.