According to Penal Code 601, the crime of aggravated trespass is committed when an offender makes a criminal threat, and within 30 days of making the threat, enters the person’s home or workplace to carry out the threat.
Under California Penal Code 273, violating the terms or conditions of a restraining order is a crime that takes place when a person intentionally ignores the terms of a legal restraining order issued by a judge.
The bail amounts for aggravated trespass can range from $1,000 to $50,000 and for violation of a restraining order from $10,000 to $40,000. For these crimes, the accused person will be allowed to post bail bond unless the court determines that allowing to post bail would be a danger to the public.
When a judge determines the amount of the bail, he or she takes into consideration the San Diego County Bail Schedule, the accused person's background and the seriousness of the alleged crime.
How Much Time in Jail Can Someone Get for Aggravated Trespass and Violation of a Restraining Order?
For an aggravated trespass, the defendant may be facing:
- Misdemeanor probation
- Up to 1 year in county jail when the crime is prosecuted as a misdemeanor
- Up to 16 months, 2 or 3 years in state prison, when the crime is a felony
- A fine of up to $2,000 for a misdemeanor or
- A fine of up to $10,000 for a felony
For violating a restriction order, the defendant may be facing:
- Up to 1 year in a county jail for a misdemeanor
- Up to 3 years in state prison for a felony
- Additional penalties, for example, restitution to victims for medical services or counseling
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Aggravated Trespass: Case Examples
- The defendant, 31, was arrested for illegal possession of stolen goods of a total value which accumulated over $2,000 (felony), 15 counts criminal trespass, 4 counts simple burglary of an inhabited dwelling, 25 counts simple burglary (vehicle), 6 counts theft of a firearm, simple burglary, possession of marijuana and also for the offenses of resisting an officer and probation violation.
- The defendant faced numerous charges after causing disturbances at 2 local bars and fighting with police officers. The man, 27, was arrested after allegedly breaking into a restaurant through an unlocked door while the restaurant was closed. The defendant was later spotted at another location and police officers received reports he was trespassing on the property. The defendant appeared in court on 12 counts including first-degree burglary, aggravated harassment, assaulting a public safety officer and second-degree trespassing. At the maximum he faced up to 20 years in prison. His bail was set at $25,000.
Violation of a Restraining Order: Case Examples
- The defendant was arrested after harassing a woman who had a restraining order against him. The man faced several charges including violation of a domestic violence order and aggravated stalking and harassment and was ordered to be held without bail at a county jail.
- A man was found with multiple gunshot wounds less than 24-hours after violating a domestic violence order and being charged with fourth-degree assault deriving from an attack on his ex-girlfriend. Investigators believed his ex-girlfriend shot him during an incident involving domestic violence. The man had an active domestic violence order against him that required that he have no connection with his ex-girlfriend and stay 500 feet away from her at all times. The man was conscious but had serious injuries.