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The Right to Control Access to Property in Los Angeles: Understanding Trespassing Laws Under California Penal Code Section 602 PC
As a resident of Los Angeles, it is your right to control who can access your property. If someone enters or remains on your private property without your expressed permission, they have committed a crime called trespassing. In California, depending on the circumstances, an individual charged with trespassing could face serious legal consequences.
To establish that an individual is guilty of trespassing, certain facts must be proven. It must be clear that the defendant entered and remained on someone’s property willingly. The perpetrator’s intent was to interfere with the owner’s property rights.
There are legal elements a prosecutor must prove for a charge of trespassing to become a conviction. Firstly, it must be established that an individual entered private property willingly. Secondly, it must be proven that the property was privately owned. Lastly, the defendant committed trespass with the intent to deprive the owner of their property rights. Here, the interference doesn’t require serious damage to occur. Even occupying or living on a premises without due permission from the owner is treated as property damage.
Criminal trespassing can be charged as an infraction for which a person may have to pay a small fine. The most common charge for a trespass offense in Los Angeles is a misdemeanor, which comes with a maximum punishment of six months in county jail and a $1,000 fine. There are also situations when both jail time and fine are imposed. A person could be found guilty of aggravated trespass when they unlawfully enter a home or workplace, threatening physical injury. In this situation, criminal aggravated trespass could result in incarceration for a maximum of three years.
An individual’s actions can be considered trespassing in different situations. For example, one could behave in a way that causes disturbance in a restaurant or other public places. A person who enters a garage without the owner’s consent, sets up their sleeping arrangement, and stays for several nights can also be charged with trespassing. If an individual enters the workplace of their ex-partner, intending to cause physical harm, it’s considered criminal trespassing. Other examples of trespassing include driving a vehicle on private land, cutting wood or other private property, defacing or damaging notices on private property, and refusing to be screened at a courthouse or airport.
When charged with trespassing in Los Angeles, several legal defenses could be used to decrease or dismiss the charges. A defendant may have had the right to be on the property and obtained the owner’s consent. Or even though there was an entry onto the property, there was no interference with ongoing activities, leading the charge to be dropped. If the private property did not have a fence or visible signs indicating it was private property, the charge could be defended. Additionally, one may have been in the process of leaving the property as they were requested to do at the time of their arrest.
When a person in Los Angeles is charged with trespassing, it is crucial to consult with an experienced attorney. A professional attorney can help individuals understand their legal situation and their rights adequately. By raising the correct legal defense, the charges for trespassing could be reduced or dismissed, thereby avoiding any conviction.
| Section | Legal Elements of Trespassing | Possible Penalties for Trespassing in Los Angeles |
| 1 | Proven that a defendant willfully went onto a person’s property and remained there. The defendant must have the intent to interfere with the owner’s property rights. | Charged as an infraction or a misdemeanor with a maximum punishment of 6 months in county jail and a $1,000 fine or both. A person could be found guilty of aggravated trespass and could result in up to three years of incarceration. |
| 2 | It must be proven an individual willfully entered the private property. It must be established the property was privately owned. It also needs to be shown the individual committing a trespass had the intent to deprive the owner of their property rights. In this situation, interference does not require any serious damage to occur. | |
| 3 | An individual could have a personal grudge against the owner of a restaurant. They go into the restaurant and behave in such a way as to cause a disturbance. Their behavior drives away the restaurant’s patrons. | |
| 4 | An individual goes into another person’s unused garage without the owner’s permission. The individual sets up their sleeping bag and stays for several nights. | |
| 5 | A person tells an ex-wife they will assault her. The individual then goes to the workplace of the ex-wife with the intent to be violent. | |
| 6 | An individual can be charged with criminal trespassing should they drive their vehicle on private land, deface or damage notices or signs on private property, cut wood or private property, spend time on trails where trespassing signs are posted. Refuse to be screened at a courthouse or airport | |
| 7 | A person may have had the right to be on the property. They have the owner’s consent to be on the property. | |
| 8 | Even though there was an entry onto the property, there was no interference with ongoing activities, leading the charge to be dropped. | |
| 9 | If the private property did not have a fence or visible signs indicating it was private property, the charge could be defended. | |
| 10 | One may have been in the process of leaving the property at the time of their arrest as he/she was requested, and thereby avoid the conviction. |
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