Legal Question in Criminal Law in California

Re: Misdemeanor Trespassing (violation 602 L): the role of intent

Thanks for your posting. Although trespassing is not the most serious of crimes, it is still a misdemeanor. It is a misdemeanor that requires general intent, so intent is an element that the prosecution has to prove, although it is easily proven. Unlike other crimes, as long as you were aware that you were standing on property that was not yours, they can prove the trespassing. The type of information you gave in your posting may actually incriminate you by helping make the prosecution's case.

It wouldn't hurt, however, to present your defense through an attorney (rather than incriminating yourself) to see if it makes a difference in reducing or dismissing the charges, rather than taking the case to trial.

Thanks, and I hope this helps. If you have other questions or need more information, please feel free to email me or call me at 1-877-568-2977 (toll free).

Intent

Mr. Miller is correct. The fact that you were on the property is enough to qualify it as a trespass. However, trespass is a tort. Usually for 602L there is an added component. Look specifically at the language of the petition or information to see exactly what has been charged. Many times the computer will put something like intent to occupy, which is not what you are trying to do, because that is interpreted in West's to be refusal to leave. You will be appointed an attorney if you cannot afford one.