Description

The crime of Aggravated Trespass is to make a credible threat to cause serious bodily injury with the intent to place that others in reasonable fear for their safety. The law is referred to as “”trespass after making threats””, and applies if you enter the property of another without a lawful purpose within 30 days of threatening to do so. A credible threat can be made orally, in writing or electronically or implied by a pattern of conduct. You cannot be guilty of Aggravated Trespass if the place you enter is also your own residence or workplace. Examples of Aggravated Trespass are threatening a person who owes you money that you will break into their house and then arriving at the person’s home and Brandishing a Weapon or a Firearm or after losing money in a poker game and claiming to retrieve the losses you break into a winner’s home and commit Robbery, for which additional charges may be attached.

What does the prosecutor have to prove?

1. Defendant made a credible threat to cause serious bodily injury to another person.
2. Defendant intended to place said person in reasonable fear for his or her safety, or the safety of his or her immediate family. 3. Within 30 days of the threat, Defendant unlawfully entered into the residence or real property contiguous to the residence of the person threatened. or
3. Within 30 days of the threat, knowing that the place was the threatened person’s workplace, unlawfully entered into the workplace of the person threatened and carried out an act or acts to locate the threatened person within the workplace premises.
4. Defendant did so without lawful purpose.
5. Defendant intended to execute the threat against the target of the threat.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?Yes
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No