Trespassing charges in California can arise in a wide range of situations, from remaining on private property without permission to entering land, buildings, or other property in violation of posted restrictions or lawful requests to leave. Although trespassing is often viewed as a minor offense, a conviction can still lead to jail exposure, fines, probation, and a criminal record.
At the Law Office of H. Charles Gorian, we understand that trespass allegations are often more complicated than they first appear. In some cases, the issue is whether the person had permission to be there. In others, the question is whether the prosecution can actually prove the specific type of trespass charged under California law. Our office provides strategic, one-on-one defense representation tailored to the facts of the case.
Call (951) 395-0511 today for a free and confidential consultation.
What Is Criminal Trespassing Under California Law?
California trespass laws are found primarily in Penal Code section 602, which lists many different forms of trespass. Depending on the subsection involved, trespassing may include unlawfully entering certain land, refusing to leave private property after being asked, entering and occupying real property or structures without consent, or entering restricted areas without lawful authority. Except where a specific subdivision provides otherwise, a person who willfully commits one of the listed acts is guilty of a misdemeanor. Because section 602 covers many different situations, there is no single one-size-fits-all definition of trespassing. The exact facts matter, including whether the property was open to the public, whether consent existed, whether signs were required, and whether the person was lawfully asked to leave.
In many cases, a misdemeanor trespass conviction may carry penalties such as:
- Up to six months in county jail
- A fine of up to $1,000
- Or both jail time and a fine
Some trespass-related offenses may be charged as infractions or may carry different penalties depending on the subsection involved. For example, certain airport, transit, hospital, or restricted-area trespass provisions have their own penalty schemes.
Aggravated Trespassing
California law also recognizes a more serious offense commonly called aggravated trespass under Penal Code section 601. This statute applies where a person makes a credible threat to cause serious bodily injury to another person with the intent to place that person in reasonable fear for their safety or the safety of their immediate family, and then, within 30 days, unlawfully enters the person’s residence, contiguous real property, or workplace under the circumstances described by the statute.
A violation of Penal Code section 601 is more serious than many standard trespass allegations. It may be punished by:
- Up to one year in county jail
- Imprisonment under Penal Code section 1170(h)
- A fine of up to $2,000
- Or both imprisonment and a fine
Common Defenses to Trespassing Charges
Every trespass case depends on the facts. In many cases, the strongest defense is that the prosecution cannot prove the specific elements of the charged offense. Possible defenses may include:
- You had a legal right to be on the property
- You had the owner’s or occupant’s consent to be there
- You were not properly notified to leave where notice was required
- The area was not properly posted or marked where the charged subsection requires posted notice
- You did not willfully enter or remain unlawfully
- The prosecution cannot prove the facts necessary for aggravated trespass or another enhanced form of trespass
Because California trespass law contains many separate subsections, it is important to review the exact code section alleged in your case rather than assuming every trespass charge works the same way.
Speak with a Criminal Defense Attorney
If you have been charged with criminal trespassing or aggravated trespassing, it is important to take the matter seriously and get legal advice as early as possible. A careful review of the police report, witness statements, and the exact statute involved may reveal important defenses.
The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County. Call (951) 395-0511 today for a free and confidential no-obligation case evaluation.