When you read through California Penal Code Section 602 you’ll learn that it’s illegal to come onto someone’s property without the owner’s permission. While this doesn’t mean you’ll face criminal charges each time you have to use someone’s driveway to turn around or when you stop in at a neighbor’s home to inquire about a lost pet, it does give the property owner the right to tell you that you’re not welcome on the property.The other thing to keep in mind is that if you’re on someone else’s property and they request that you leave, failing to do so right away gives the property owner the right to call the police and file trespassing charges against you.Refusing to leave a hotel or restaurant is another way trespassing charges can be filed against you.Don’t assume that just because a person’s property is a business, that you can’t potentially be charged with trespassing. There have been cases of people who have gotten into a dispute with business owners/employees/other customers being arrested for trespassing after they entered the business and did things like harass people or refused to leave.The majority of the trespassing cases that make their way through the California court system or considered misdemeanors. The maximum sentence for a guilty conviction is six months in a county jail and/or a $1,000 fine.It’s important to understand that it’s not uncommon for trespassing to be added to a list of additional charges that can include violating a personal protection order, property damage, assault, etc. When a judge looks at the additional charges they could decide to hand out a maximum sentence. If the trespassing charges look relatively minor and nothing indicates that you’re a habitual offender, the sentence could be minimal.

Aggravated Trespassing in California

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A California man was recently arrested on the negligent discharge of a weapon charge. In this particular case, the man was allegedly firing BBs at passing traffic. It’s unclear how many windows he shot out or how much property damage might have occurred. It is estimated that approximately 100 different vehicles were struck by BBs.Many people aren’t aware of what a charge of negligent discharge of a weapon in California means.To learn the exact ins and outs of this particular charge, you have to look at California’s Penal Code (PC) 246.3 PC. When you read through it, you’ll discover that California lawmakers determined that a firearm was being used in a negligent way whenever the person handling the gun did so in a manner that could easily result in another person getting hurt, or in a grossly negligent manner.One of the interesting things about this particular charge is that for the charges to stick, the prosecutor must be able to prove that you willfully fired the gun and that you understood that doing so could result in someone getting hurt or possibly even killed. You can’t be charged with negligent discharge of a weapon if firing the gun was an accident or if you couldn’t reasonably expect someone was going to get hurt.Negligent discharge of a weapon is one of California’s wobbler laws. Whether you’re charged with a felony or misdemeanor depends on the circumstances surrounding the event, how many people were involved, criminal history.If you’re convicted of misdemeanor negligent discharge of a weapon in California, you could be sentenced to a full year in jail and fined up to $1,000. You’ll likely be asked to make restitution and possibly be required to take some gun safety classes.If you’re convicted of felony negligent discharge of a weapon in California, the sentencing could include:
  • Up to three years in jail
  • A fine that could be as large as $10,000
  • Felony probation