The constitutional right to freely enjoy your property, without interference, is the foundation of criminal laws against trespass. The legal definition for trespass outlines situations in which a person enters and remains on a property belonging to another. The act is illegal because it is done without the permission of the property owner. In a number of situations, trespass is deemed as a simple infraction and will generally carry a penalty of a fine.
However, the California Penal Code recognizes different forms of trespass, depending on a specific criminal behavior. One special form of trespass is known as “aggravated trespass” and can be charged as a felony. Felony trespassing is a serious offense and if charged, you will need the services of a skilled San Diego arson and property crimes lawyer at McElfresh Law.
What Makes Trespassing a Felony?
Felony trespass is classified as “aggravated trespass” under California laws. In such circumstances, the trespass occurs after making a criminal threat to injure a person. So for example, after threatening your ex-girlfriend that you would beat her up, you then visit her place of work without permission or lawful purpose. However, the trespass that occurs after the threat, must be committed within thirty days from the threat, for it to be considered aggravated trespass. Unlike other forms of trespass, when this type of criminal behavior is alleged, you can be charged with felony trespass.
Felony trespass, like all other felonious charges, is a very serious crime. A threat or trespass by itself might be a simple infraction, but when combined, the law is tough on those carrying out this type of criminal behavior. The penalty associated with this crime is imprisonment. If you are charged for felony trespass and you are found guilty, you may face upwards of three years in jail for the offense.
Do You Have a Good Case?
If you are innocent, you will need to advance a strong case, if the matter goes to trial. While you are presumed innocent and it is the responsibility of the prosecution to prove that you committed the crime of felony trespass, there are legal defenses that you can utilize in securing a not guilty verdict. The following are some of the potential defenses you can use:
- When you entered the property, you have a legal right to be there.
- You received the required consent to be on the property in question.
- You deny making any threats or entering the property.
Having a well-researched and presented case in court is essential to proving your innocence. You should consult with a San Diego felony trespassing lawyer, who will be able to help you with your case. In some instances, your charges may be reduced or even dropped without the need for trial.
How a San Diego Felony Trespassing Lawyer at McElfresh Law Can Help
Facing the California criminal judicial system on your own is a sure way to get convicted. The charge of felony trespass is no joke, even if you are innocent. As soon as you are charged, you should seek the service of an experienced and qualified lawyer to handle your case. McElfresh Law has been serving the people of San Diego, California for years. We offer high-quality criminal litigation representation to all our clients.
Not all cases of felony trespass have to go to trial. In some instances, the presentation of evidence can reduce charges or have them dismissed altogether. We work to make sure that the best legal solution is achieved on behalf of our clients. Our team of legal professionals is committed to vigorously defending your case. You will be glad you hired McElfresh Law for your felony trespass matter.
Felony trespass is a serious charge, which can deprive you of your freedom. You need a lawyer who will give your case, the attention and diligence that is needed to secure a not guilty verdict. Get a San Diego lawyer who knows the law and who can vigorously defend you in court. The California Penal Code can be difficult to understand and the criminal justice system can be riddled with confusion and lots of technicalities.
Call McElfresh Law at (858) 756-7107. The San Diego arson and property crime lawyers with McElfresh Law are the attorneys you want by your side when you are facing felony trespassing charges in California.