The California penal code section 601 identifies aggravated trespass as a two-part offense; in the first step one must create prospects of threat for someone else (or their family), and in the second, the alleged convict should illegally enter the domains of the latter’s property within a specific timeframe to carry out the specifics of the threat. Commonly, trespassing is recognized as a misdemeanor level of offense that doesn’t call for grave punishments. However, in California, the offense is regarded as a felony that can open doors to penalties like rigorous imprisonment.
In order to establish that the accused is guilty of violating the regulations of the penal code section 601, the prosecutor has to prove the following:
· The defendant unlawfully made plausible threats to cause serious injury to the victim.
· The intention of the threat was to incite reasonable fear in the other person pertaining to his safety and that of his immediate family.
· Within 30 days of voicing out the threat, the suspect entered the premises of the sufferer’s home without any lawful purpose, or with a credible intention to turn his threats into reality.
· Or, if the defendant illicitly entered the workplace of the threatened person to locate him without permission to carry out the threat, that would also translate to the breaching of the penal code 601.
The indictments of disregarding the California penal code section 601 will nullify if the person who has made the threat enters his own property, workplace, or residence. Furthermore, the case will also not be valid if the defendant is a part of labor union activities allowed by the National Labor Relations Act or the California Agricultural Labor Relations Act.
Ordinarily, incidents of domestic violence and professional rivalry meet the criteria of breaching the protocols of this penal code.
Aggravated trespass is treated as a “wobbler” offense and thus, can either be a misdemeanor or felony, depending on the criminal history of the defendant and the severity of his actions. If held for committing the crime as a misdemeanor, the consequences would comprise of a fine of $2,000 and one year in jail. On the other hand, if the case is of a felony, the convict can be sentenced to imprisonment for three years and a fine of $10,000.
· The threat was not a credible one
If the defendant made a threat that cannot be possibly carried out, then he cannot be convicted under the penal code 601 in spite of “trespassing” the sufferer’s professional or domestic sites.
· The intention was not to hurt the other person
If the threat was meant to be perceived as a joke but, was unfortunately misinterpreted then the accused will be set free from the charges.
· The trespassing was not premeditated
If the defendant dispensed a threat but, then unknowingly entered the accuser’s office without realizing that the person works there, he can be defended from the imputations of PC 601.
If you have been wrongly reproached for violating the California penal code 601, then get in touch with an esteemed criminal defense lawyer to negate the charges and attest your innocence.