Anyone is guilty of trespass who makes a credible threat by drawing or exhibiting a deadly weapon or a firearm in order to cause intentionally serious bodily injury and with the intent to place that other person in reasonable fear for his or her safety, or the safety of his or her immediate family. Such kind of injury means a serious detriment of physical condition, including, but not limited to, the following:
- Loss Of Consciousness
- Bone Fracture
- Protracted Loss Or Impairment Of Function Of Any Bodily Member Or Organ
- A Wound Requiring Extensive Suturing
- Serious Disfigurement
In the state of California someone can be charged of trespass with threat if 1 of the following conditions are met:
- Within 30 days of the threat, the offender unlawfully enters into the residence or real property next-door to the person threatened with illegal purpose, and with the purpose to carry out the threat against the target of the threat.
- Within 30 days of the threat, conscious that the place is the threatened person's workplace, unlawfully enters into the workplace of the individual threatened and performs 1 act or several acts to find the threatened person within the workplace premises, and with the intent to execute the threat against such person victim of his or her acts.
However, charges for this crime shall not apply to any person who is engaged in labor union activities which are permitted to be carried out on the property by the California Agricultural Labor Relations Act, Part 3.5
Punishments for trespass with threat in California
Offenders found guilty of felony of this section shall be convicted by imprisonment in a county jail for 16 months, or 2 or 3 years., or if found guilty of misdemeanor by imprisonment in a county jail not exceeding one year, or/and by a fine not exceeding $2,000 USD.
- No intent to cause fear
- Threat is not credible
- False accusation
- Lack of evidence
Criminal Defense Lawyer in California
If you are facing charges of criminal trespass with threat in California it is essential for the sake of your interests that you reach the guidance of an experienced defense lawyer in California. With more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for a free of charge assessment of your case.
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