What You Need to Know About Trespassing Charges at Orange County Commercial Properties

Trespassing charges at shopping centers, office buildings, and other commercial properties in Orange County are more common than most people realize. At the Law Offices of William W. Bruzzo, our Orange County criminal defense lawyer has defended clients who were charged with trespassing after being asked to leave a store, a parking lot, or a commercial building. In many of these cases, the person did not realize they were breaking the law, and in some cases, they were not.

How Does California Define Criminal Trespassing?

Penal Code Section 602 covers trespassing in California and lists over 20 different ways the crime can be committed. The most common form at commercial properties involves entering or remaining on private property after being told to leave by the owner, a manager, or a security guard. A first offense is a misdemeanor punishable by up to six months in county jail and a fine of up to $1,000.

What many people do not realize is that a verbal warning to leave creates the legal basis for a trespassing charge if you stay. Once a store employee or security officer tells you to leave, remaining on the premises, even in the parking lot, can result in an arrest. The warning does not need to be in writing.

When Can a Store or Property Ban You in Orange County?

Private property owners in California have broad authority to exclude people from their premises. Malls like South Coast Plaza, Fashion Island, and The Outlets at Orange can issue trespass warnings that prohibit a person from returning for a set period, often one year. If you return after receiving a written trespass warning, you can be arrested on sight.

However, property owners cannot exclude people based on race, religion, national origin, disability, or other protected characteristics. If you believe you were singled out for discriminatory reasons, that could be a defense to the charge. An experienced criminal defense attorney can investigate whether the trespass warning was issued lawfully.

What Is the Connection Between Trespassing and Shoplifting Charges?

Trespassing and theft charges often go hand in hand. Loss prevention teams at Orange County retail stores frequently use trespass warnings as a follow-up after a shoplifting incident. Even when the theft charge is dropped or reduced, the trespass warning stays in effect, creating the possibility of future criminal charges if you return to the store.

In some cases, prosecutors will offer to reduce a petty theft charge to trespassing as part of a plea deal. This may seem like a good outcome because trespassing is a less serious offense, but it still results in a criminal conviction. A skilled defense lawyer may be able to negotiate a dismissal through a diversion program instead, leaving you without any conviction on your record.

Contact an Orange County Criminal Defense Lawyer About Your Trespassing Charge

If you were charged with trespassing at a commercial property in Orange County, do not assume you have to plead guilty. At the Law Offices of William W. Bruzzo, we challenge trespassing charges by examining whether the warning was properly given, whether you had a lawful reason to be on the property, and whether diversion programs or dismissals are available. Contact us online for a free consultation, or call our criminal defense lawyer today at (714) 547-4636.