Description

A person may be charged with Trespassing who makes a credible threat to cause serious bodily injury to another person or unlawfully enters into the residence or real property of the person threatened without lawful purpose, and with the intent to execute the threat against the target of the threat.

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?Yes
Is this charge a “serious felony”Yes
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?No
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