When you are facing charges of domestic violence related to criminal trespass, the Law Firm of Marlin Stapleton Jr. and Scott D. Henry is ready to represent you. We are Orange County’s leading domestic violence law firm and we offer legal representation in a court of law. If you have been accused of illegally entering someone’s property, an Orange County aggravated trespass lawyer could help.

What Is Criminal Trespass?

California’s Penal Code 601 PC explains that “aggravated trespass” or felony trespass after making threats, is trespassing within 30 days of making a threat against the physical safety of the person whose property you enter. This criminal charge is often connected to domestic violence and stalking. The prosecutor of your case must be able to prove that:

  • You made a credible threat of serious bodily injury to another person;
  • The threat caused the other person to be in reasonable fear for their safety or the safety of their immediate family; and
  • You unlawfully entered that person’s property, neighboring property or workplace within 30 days of the threat.

The law defines a “credible threat” as one that causes a reasonable amount of fear on the other party. The threat can be made orally, in writing or electronically. California law defines “serious bodily injury” as loss of consciousness, concussion, bone fracture, impairment of any bodily organ, a wound requiring extensive suturing or serious disfigurement. Charges of trespass do not apply to your own residence or place of work. A harsher charge of aggravated trespass may be made in connection with domestic violence. Whether the charge is a misdemeanor or felony may depend on the nature of the allegations and the defendant’s criminal history. A conviction of criminal trespass as a misdemeanor may involve probation, up to 1 year in jail and / or a fine of up to $2,000. A conviction of felony aggravated trespass may incur penalties including formal probation, up to 3 years in jail and a fine of up to $10,000.

Setting Up Your Defense

As soon as you find out that you are facing aggravated trespass charges, you need to contact a defense lawyer. Some common legal defenses to aggravated or felony trespass include:

  • The threat was not credible.
  • You did not intend to cause fear.
  • You did not intend to carry out the threat while on the other person’s property or at their workplace.
  • You did not know you were at the other party’s workplace.

When you meet with us, you can have trust in the fact that everything you tell us is made confidential by the law. Our job is to protect your rights under the law and provide your legal defense against criminal trespass charges. We are not here to make judgments about you, your life or your family. We will work with you to provide a thorough defense of your legal case. We maintain open communication and are always available for you to ask any questions that you have about your legal situation. Our law firm keeps you updated about the progress of your case so that you know what to expect when your day in court arrives. Throughout the court case, we will continue to keep you informed of your rights and responsibilities under California law. When you are facing criminal trespass charges in Orange County, we are the right law firm for your needs.

Contact an Orange County Aggravated Trespass Attorney

A consultation with an Orange County aggravated trespass lawyer is your first step in protecting your rights under California law. Our attorneys can provide you with thorough legal references taken directly from California State Code. These legal references are extensive and include information from sections Penal Code 672 PC – offenses, Penal Code 1170(h) PC – determinate sentencing and Penal Code 601 PC – trespass. Our team could also provide you the details of related laws including CALCRIM 2929 – Trespass After Making Credible Threat and California Penal Code 601 PC. During your consultation, we take the time to listen to the specifics of your legal situation. If you have any questions, we will answer them in a way that you can understand. We know that the wording of the law may be difficult for anyone who is not a legal expert to comprehend, which is why we will explain everything to you in words that make sense to you. Contact us today to schedule an appointment for a free consultation with our Orange County criminal defense lawyer.

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