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Unlawful Entry: Penalties for Trespassing in Ventura County

Your car runs out of gas on a rural road. You're not far from home, so you decide to walk, taking a shortcut through a farmer's field. A police car arrives, and you are charged with trespassing before you can even tell him your story.

If this doesn't seem fair, that's because it's not. Trespassing laws are in place to protect the personal and property rights of others-but it's easy for a property owner to mistake your intentions. If you accidentally wandered onto someone's property, your offense was an innocent mistake-one that you may be facing jail time for.

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There are two types of trespassing charges in California: criminal and civil. The biggest difference between them is that criminal charges imply an intention to do harm while trespassing, while civil offenses involve simply being there at all.

Trespassing under California Law may include:

• Entering someone else's private property
• Entering public property after stated business hours
• Refusing to leave someone else's property after being asked or ordered
• Occupying private property for any length of time
• Taking any action to damage the land or property

Even if your trespassing was unintentional, you could still be charged with a criminal offense. If your actions were perceived as malicious, you could face a misdemeanor sentence of 180 days in jail, thousands of dollars in fines, and an entry on your criminal record.

As trusted Ventura criminal defense attorneys, we know that just because you have been charged with criminal trespassing does not mean your action was intentional. For instance, if you have been accused of trespassing as a result of obstructing business on the property, the owner must prove that you specifically intended to hinder business transactions. If you were merely present and took no other action, your trespassing is at best a civil offense and you will most likely pay a fine.

No matter what charge you are facing, we always fight for the minimal possible sentence and work to get your criminal record cleared. If you have been charged with trespassing in Santa Barbara, call Bamieh & Erickson today at (805) 643-5555 for a free consultation.

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