PC 555: Trespassing on Posted Property

Legal Definition:

PC 555: “It is unlawful to enter or remain upon any posted property without the written permission of the owner, tenant, or occupant in legal possession or control thereof. Every person who enters or remains upon posted property without such written permission is guilty of a separate offense for each day during any portion of which he enters or remains upon such posted property.

For a person to be convicted of a violation of PC 555 the prosecution must show that:

1. You entered or remain upon posted property;

AND

2. You did so without the written permission of the property owner, tenant, or occupant in legal possession.

What does this mean?

The basis of this charge is to avoid people being on a property that is not theirs, without the owner’s consent. The need for a crime like this is to avoid much bigger, worse crimes, such as someone trespassing with the intent to commit a Burglary. If police stop you while you are on the property without the consent of the owner, they can always arrest you for trespassing, even if you have further, evil intentions to commit a worse crime.

What makes this crime different than normal Trespassing, is that it involves a Posted Sign that is visible to you upon entering the property. Even if you don’t see the sign, you can still be arrested for this.

Penalties

A violation under PC 555 is a misdemeanor-only offense. If convicted of this charge as a misdemeanor, you can be sentenced to up to 6 months or 180 days in a County Jail. You would be required to serve at least 50% of that time in custody. You could also face a stay-away order from the area, as well as possible Restraining Order from the owners of the location on top of this. You could also be fined up to $1000 for a conviction.

PC 555 is not a strike offense under the Three Strikes Law, and it is also not a charge requiring Sex Registration under PC 290. You could potentially face a loss, suspension, or revocation of your professional license. You could also face immigration consequences if you are a non-US Citizen living in the United States, since if you have more than one misdemeanor conviction on your record already.

Common Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Violation of Rights
4. Duress
5. Necessity

You cannot be found guilty of a crime if you acted under Duress. A person acts under duress if, because of a threat or menace, you believed that you or someone else’s life would be in immediate danger if you refused a demand or request to commit the crimes. In other words, if you are forced onto the property by a threat of duress by another, you could use this as a defense to the charge. It means that you did not intend to trespass but did, and that is justified by the defense of duress.

To show that you can use the defense of Necessity, you must show that: you committed a crime; 1. in an emergency, and 2. in order to prevent “significant bodily harm or evil” to either yourself or someone else. Similar to the above situation, if you are chased by someone trying to hurt you, running onto a property with a posted “No Trespassing” sign, a necessary defense could be available to you.

Call Today

The consequences of a criminal conviction reach far beyond the immediate legal penalties. Beyond the potential loss of freedom, the impact on your employment prospects and overall ability to work is profound, as any conviction can permanently mar your criminal record. This is particularly true for charges under PC 555, which pertains to unauthorized entry or use of property.

At Inland Empire Criminal Defense, our Ontario-based PC 555 attorney has a wealth of experience and a track record of success in defending individuals facing similar charges. We understand the nuances of such cases and are committed to providing an aggressive and comprehensive defense for each client.

Why Choose Inland Empire Criminal Defense for Your PC 555 Case?

• Experienced Legal Representation: Our dedicated attorney specializes in cases under PC 555 and brings extensive experience to bear, ensuring that your defense is both informed and effective.
• Proven Success in Defense: We have successfully defended thousands of individuals, demonstrating our ability to navigate complex legal challenges and secure favorable outcomes.
• Personalized Support: Recognizing the stress and uncertainty of facing criminal charges, we offer round-the-clock availability to address your concerns and provide the support you need throughout the legal process.

Begin Your Defense with Confidence

Facing charges under PC 555 requires a proactive and informed approach to defense. Inland Empire Criminal Defense, located in Ontario, CA, is ready to offer the expert legal support necessary to protect your rights and future.

Contact Inland Empire Criminal Defense Today

Don’t let a charge under PC 555 determine the course of your life. Contact Inland Empire Criminal Defense at 909-939-7126 to benefit from our free initial consultation. Our commitment to providing aggressive legal representation and comprehensive support is your advantage in facing these charges. Let us stand by you and fight for the best possible outcome in your case.