San Jose Aggravated Trespassing Attorney
When facing the intimidating and complex criminal justice system in San Jose, CA, understanding your rights and knowing how to defend them is crucial. This holds true even if you’re innocent— especially when charged with serious offenses such as aggravated criminal trespassing.
Fortunately, you don’t have to go through this situation alone; we are here to help you. Our team is ready to be by your side if you are facing a restraining order in San Jose, shoplifting, violent crime in San Jose, assault defense, domestic violence, and more.
If you’ve been arrested in San Jose, California, contact Ahmed & Sukaram, Attorneys at Law, to schedule a free consultation at (408) 217-8818 with a San Jose aggravated trespassing lawyer.
How Ahmed & Sukaram, Attorneys at Law Can Help if You’re Arrested for Aggravated Trespassing in San Jose
If you’ve been arrested for aggravated criminal trespassing in San Jose, California, a criminal defense lawyer is critical to ensure you have the best chance at beating the charges. At Ahmed & Sukaram, Attorneys at Law, our criminal defense lawyers have 30 years of combined experience and have successfully handled thousands of cases.
Here’s how our experienced San Jose domestic violence attorneys can help you:
Explaining the Charges
We will begin by explaining what constitutes aggravated criminal trespassing under the state’s laws and what the consequences are.
Examining Evidence
We will thoroughly examine all evidence presented by the prosecution. We assess its credibility and the lawfulness around how it was obtained to determine whether any improper police work occurred during the investigation, which could lead to a motion to suppress.
Develop Defense Strategy
Based on our findings from evidence examination, we will develop an effective defense strategy. This could involve arguing that you had the owner’s permission to enter the property or asserting you weren’t aware that entry was prohibited. It may even involve a plea deal to reduce charges and/or penalties.
If you’ve been arrested for aggravated criminal trespassing, hiring a criminal defense attorney is critical – even if you’re completely innocent. For help, contact Ahmed & Sukaram, Attorneys at Law to set up a free case review.
Overview of Aggravated Trespassing in California
Aggravated criminal trespassing is a serious offense involving an individual unlawfully entering another person’s property—like their home or workplace—after threatening to physically injure someone.
This crime escalates from simple trespassing because it involves an explicit threat or act of physical violence toward the inhabitant.
The three elements that must be proven include:
- The defendant made a threat to physically injure the alleged victim;
- The threat was made with the purpose of instilling fear for their safety or the wellbeing of their close family members; AND
- Within 30 days of making a threat, the defendant unlawfully entered the threatened person’s residence or workplace with the intent to carry out the threat, OR
The defendant entered the residence or workplace of the threatened person with knowledge that it was their residence or workplace and with an intent to locate them – without a lawful purpose – and intended to carry out the threat.
To be found guilty of this crime, every element must be proven beyond a reasonable doubt.
What Are the Penalties for Aggravated Trespassing in San Jose, California?
Aggravated criminal trespassing qualifies as a ‘wobbler’ offense, meaning that prosecutors can choose to charge you with either a misdemeanor or felony based on the severity of the actions, criminal record, and the presence of any aggravating factors.
Felony
If your case is deemed to be more severe and charged as a felony, the outcomes are more severe. Penalties for a conviction include formal (felony) probation coupled with possible imprisonment of up to three years and potential monetary fines capped at $10,000.
Misdemeanor Penalties
Convictions for misdemeanor aggravated trespass often result in serving probation— normally referred to as summary probation. However, a conviction also carries up to one year of incarceration in county jail and/or fines of up to $2,000.
Immigration Consequences
Depending on the specifics of your case, a felony trespass charge could be considered an aggravated felony, which can have severe immigration consequences, such as deportation or being deemed inadmissible.
Regardless of the charge, the penalties can be severe and should be taken seriously.
What Defenses Can Be Raised if I’m Arrested for Aggravated Trespassing in San Jose?
If you’re arrested for aggravated criminal trespassing, there are several defenses your attorney can raise on your behalf:
No Credible Threat
Your defense may assert that while a statement was made, it lacked credibility as a threat. For instance, the comment was made in jest or sarcasm.
No Intent To Cause Fear
The court needs proof you intended to instill fear with the threats directed at an individual. To show that there was no intent to cause fear, your attorney could provide witness testimony about the tone in which you made the threat and your body language at the time.
Evidence of a relaxed posture alongside laughing while expressing the supposed threats could go a long way to raising reasonable doubt.
No Intent To Carry Out The Threat
In cases where unauthorized entry occurred after the alleged threats, your attorney can argue that the intent when entering wasn’t to cause harm but rather to express remorse or offer an apology.
Defending against charges like aggravated criminal trespassing requires a nuanced understanding of legal principles and a strategic approach toward your case. Regardless of innocence or guilt, having a skilled defense attorney is key in navigating the complexity of such proceedings.
If you need help, contact Ahmed & Sukaram, Attorneys at Law, to schedule a free consultation with a San Jose aggravated trespassing attorney.