Under California Penal Code 602, trespassing means to go onto the property of another without permission or right—or to continue to stay after being asked to leave. This offense may be charged as a felony, a misdemeanor, or an infraction. When allegations of domestic violence have been made, a “keep away order” (also called a protective order or a restraining order) can be issued by the court ordering you to stay away from the alleged victim.
If the alleged victim lives on your property, going to your own home may subject you to a charge of criminal trespass. Depending upon the circumstances, you could face paying a hefty fine and up to three years in prison. Since the state treats any form of domestic violence as a serious legal matter, you may face a felony charge and severe penalties if you are convicted. If you have been arrested for trespassing it is vital that you do not discuss the incident with anyone other than a qualified attorney. The immediate assistance of a lawyer is urgent in this type of case.
As former prosecutors, the Okabe & Haushalter bring a unique perspective to the defense of clients facing trespassing charges arising out of a prior accusation of domestic violence. Our defense attorneys can investigate, interview witnesses, and examine all aspects of your case, in order to construct an aggressive defense strategy to help you avoid these harsh penalties. We understand how important your case is and we are committed to protecting your constitutional rights. A domestic violence lawyer at our firm can work tirelessly to help you avoid harsh penalties and achieve a positive outcome in your case.
Contact a San Francisco trespassing defense attorney if you are facing trespassing charges.