Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Aggravated Trespass

Aggravated trespass is a serious criminal charge in California that goes far beyond simple unlawful entry. It involves entering or remaining on another person’s property with the intent to commit harm or threaten someone after making credible threats in advance. Because it combines trespassing with a potential act of violence or intimidation, this crime is prosecuted as a serious misdemeanor or even a felony, depending on the facts.

San Diego Aggravated Trespass Defense Attorney

If you are accused of aggravated trespass under California Penal Code Section 601, contact the Law Offices of Michael E. Cindrich immediately. Even if no one was harmed, the mere allegation of entering a property after issuing a threat can result in criminal penalties, restraining orders, and long-term restrictions on your freedom. Attorney Michael Cindrich has extensive experience defending violent and property-related offenses throughout San Diego County, including cases involving allegations of stalking, intimidation, and trespass.

Call (619) 262-2500 today for a free and confidential consultation.

Overview of Aggravated Trespass Charges in San Diego

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Definition of Aggravated Trespass under California Penal Code

Under Penal Code Section 601, aggravated trespass occurs when a person makes a credible threat to cause serious bodily injury to another person, and within 30 days of that threat, unlawfully enters the victim’s residence, workplace, or another location where the victim is present, intending to carry out the threat.

To convict someone of this crime, prosecutors must prove that:

  1. The defendant made a credible threat of serious bodily injury to another person.
  2. The defendant intended to place that person in reasonable fear for their safety or the safety of their family.
  3. Within 30 days of making the threat, the defendant entered the victim’s property, workplace, or other premises without permission.
  4. The defendant intended to carry out the threat or further intimidate the victim.

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Examples of Aggravated Trespass

Aggravated trespass can arise in many situations that overlap with domestic disputes, workplace conflicts, or harassment allegations. Common examples include:

  • A person gets into an argument, threatens another individual, and later goes to that person’s home to confront them.
  • An ex-partner sends threatening messages and then shows up uninvited at the other person’s residence or workplace.
  • A former employee threatens a supervisor and then enters company property after termination.
  • Someone posts an online threat and later appears at the target’s home or business location.

Even if no physical harm occurs, prosecutors may still pursue aggravated trespass charges based solely on the combination of a threat and unauthorized entry.

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Penalties for Aggravated Trespass in California

Aggravated trespass is classified as a “wobbler” offense, meaning prosecutors can charge it as either a misdemeanor or felony depending on the circumstances, the severity of the threat, and the defendant’s criminal record.

If charged as a misdemeanor, penalties may include:

  • Up to one year in county jail.
  • Fines up to $2,000.
  • Probation and mandatory counseling or anger management.

If charged as a felony, potential penalties increase to:

  • Sixteen months, two years, or three years in state prison.
  • Up to $10,000 in fines.
  • Formal probation, protective orders, and loss of firearm rights.

Conviction may also result in a restraining order prohibiting contact with the alleged victim and restrictions on entering certain properties or areas.

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Defenses to Aggravated Trespass Charges

A skilled defense attorney will examine every element of the accusation to determine whether prosecutors can actually prove intent, threat, and unlawful entry. Common defenses include:

  • Lack of Credible Threat: The prosecution must prove that a genuine, believable threat of serious harm was made. If the statements were vague, exaggerated, or made in the heat of the moment without intent to carry them out, the charge cannot stand.
  • No Intent to Harm or Intimidate: The defendant must have entered the property with the intent to act on the threat. If the entry was coincidental, accidental, or for a lawful reason, the required criminal intent is missing.
  • Consent or Right to Be on the Property: If the defendant had permission to be at the location or a legal right to access it, such as shared ownership or tenancy, the act does not meet the legal definition of trespass.
  • False Accusations or Misunderstanding: Many aggravated trespass cases arise from personal or workplace disputes where one party exaggerates or misrepresents events. A defense lawyer can expose inconsistencies, uncover witness bias, and challenge the credibility of the accuser.
  • Insufficient Evidence: Prosecutors must present proof of both a credible threat and unlawful entry within 30 days. If there is no reliable evidence connecting the two events, the charge should be dismissed.

Each defense strategy requires a careful review of the timeline, the alleged threat, communication records, and any surveillance or witness statements.

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Role of a San Diego Aggravated Trespass Defense Attorney

An experienced defense attorney plays a critical role in protecting your rights and limiting the impact of an aggravated trespass accusation. These cases often hinge on intent, timing, and interpretation of communication, issues that require careful legal handling to prevent a minor dispute from becoming a felony charge.

  • Immediate Case Evaluation and Evidence Review: The attorney begins by reviewing police reports, witness statements, and any electronic communication or social media messages cited as threats. Early intervention allows your lawyer to challenge inaccurate details and request surveillance footage, texts, or phone records before they are lost or deleted.
  • Challenging the “Credible Threat” Element: A major defense strategy is demonstrating that the alleged threat was not credible or serious. Your attorney can use the context of the communication, tone, timing, prior relationship, and lack of follow-through, to argue that the statement did not create reasonable fear.
  • Establishing Lack of Criminal Intent: The attorney will present evidence showing that you entered the property for legitimate reasons, such as retrieving belongings, performing work duties, or misunderstanding a boundary. By highlighting lawful or benign intentions, your lawyer can undermine the prosecution’s claim of intent to carry out harm.
  • Negotiating Reductions or Dismissals: When the evidence is weak or the threat was exaggerated, your lawyer can negotiate for dismissal or reduction to a lesser charge such as simple trespass, disturbing the peace, or even a civil infraction. This approach protects your record and avoids the stigma of a violent crime.
  • Protecting Your Record and Future: Even after resolution, an experienced attorney can help you pursue expungement or sealing of the record under California Penal Code §1203.4, preserving your employment and housing opportunities. Your lawyer also ensures that protective orders and probation terms are fair and do not unnecessarily restrict your rights.

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Frequently Asked Questions About Aggravated Trespass in California

Can I be charged with aggravated trespass if I never actually hurt anyone?

Yes. Physical harm is not required. The charge is based on making a credible threat and then unlawfully entering the victim’s property within 30 days of that threat, regardless of whether violence occurs.

Does it matter if I was invited or had permission to be on the property?

Yes. If you had explicit or implied consent to enter the property, prosecutors cannot establish the unlawful entry element required for aggravated trespass. This defense often applies in cases involving shared residences or workplaces.

What if the threat was a joke or made in anger?

For a threat to be “credible” under Penal Code Section 601, it must cause the alleged victim to reasonably fear for their safety. If the statement was obviously sarcastic, exaggerated, or made without intent to act, your attorney can argue that it was not a true threat.

Can I face additional charges along with aggravated trespass?

Often yes. Aggravated trespass charges may accompany allegations of stalking (Penal Code 646.9), criminal threats (Penal Code 422), or domestic violence. These related offenses can increase the potential penalties and complexity of the case.

Is aggravated trespass a strike offense?

Typically, no. Aggravated trespass alone is not considered a strike under California’s Three Strikes Law unless it involves additional violent conduct or qualifies under related charges such as assault or criminal threats.

Can aggravated trespass charges be reduced or dismissed?

Yes. If the evidence is weak, inconsistent, or lacks proof of intent, your attorney may negotiate a reduction to a lesser offense such as simple trespass or disturbing the peace. Early legal intervention greatly increases the chance of avoiding jail and preserving your record.

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Additional Resources

California Penal Code Section 601 – Aggravated Trespass: This section of the California Penal Code defines aggravated trespass and outlines the elements the prosecution must prove, including the requirement of a credible threat and unlawful entry within 30 days. It also establishes the penalties and classifies the offense as a “wobbler,” meaning it may be charged as either a misdemeanor or felony.

California Penal Code Section 602 – Criminal Trespass: This related statute addresses general criminal trespass, which involves unlawful entry onto another person’s property without permission but without the element of threat or intent to harm. Understanding the differences between simple trespass and aggravated trespass is critical to building a defense.

California Courts – Criminal Law Self-Help Center: This resource from the California court system provides general information about criminal charges, including threats, harassment, and trespass. It helps defendants understand the legal process, available defenses, and options for obtaining legal representation.

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Hire a Defense Attorney for Aggravated Trespass Charges in San Diego County, CA

If you are accused of aggravated trespass, quick action can make all the difference. The Law Offices of Michael E. Cindrich represent clients across San Diego County, including Chula Vista, Escondido, Carlsbad, El Cajon, and Vista. Call (619) 262-2500 for a free and confidential consultation with Attorney Michael Cindrich to discuss your rights and defense options.