If you illegally enter someone’s property or refuse to leave a business, home, construction site, or other property in San Diego County, you could be charged with trespassing under California Penal Code 602 (PC). While this offense may be among the most common property crimes in California, it is still a serious offense that may land you behind bars. In fact, some forms of aggravated trespass, filed under California Penal Code 601 (PC), can even be charged as a felony.
Fortunately, just entering someone’s property is not always enough to meet the standards of this crime. A skilled defense lawyer, like Vista attorney Peter M Liss, can help you understand whether the circumstances of your case meet the California legal standards for trespassing and your best defense options for your unique situation.
What Is Trespassing Under California Penal Code 602 (PC)?
Trespassing occurs when someone enters or remains on someone else’s property without permission or interferes with their property rights. In California, the majority of trespassing offenses are detailed under California Penal Code 602 (PC), one of the state’s most complex codes, which protects not only homes, but also vacant lots, businesses, hotels, airports, and farms.
Most people accused of these charges are accused of entering private property without the owner’s permission or of refusing to leave after being asked to do so.
Common Examples of Trespassing
Criminal trespassing can take many forms; some common situations that violate California law include:
- Crossing over a short barbed wire fence to play in the snow in Julian.
- Ignoring no trespassing signs to take a shortcut while hiking near Palomar Mountain.
- Entering a closed housing development construction site.
- Harassing a coffee shop’s customers and refusing to leave after being asked to do so.
- Squatting in an empty Encinitas vacation home.
- Returning to a local brewery after being banned from the premises.
- Failing to leave a hotel after the checkout date.
- Building a campfire on someone’s private property rather than your nearby Valley Center campsite.
- Entering a neighbor’s yard without permission and damaging their fence.
- Failing to leave a domestic violence shelter after being asked to do so.
- Dumpster diving behind a fenced area to take plants discarded by a local nursery.
When Is Trespassing a Crime in California?
“In most trespassing cases, the prosecution must prove the defendant willfully entered someone else’s property without consent, meaning it was not an accident stemming from being lost or unaware of where the property line sits,” explains attorney Peter Liss. In some situations, entering fenced, enclosed, or other private property without permission may be charged as “simple trespassing” under Penal Code 602.8, which is typically only an infraction punishable by a fine.
However, the crime becomes a misdemeanor when someone willfully enters someone’s property without consent, and:
Interferes With Someone’s Property Rights
Interference could include damaging or stealing their property, such as timber, signs, fruit, or shellfish. Alternatively, it could involve interfering with a company’s ability to do business on the premises.
Refuses to Leave Until Removed
Under the law, it does not matter if the property owner, an employee, a security guard, or the police remove the defendant; the fact that the individual did not leave on their own is often enough. Similarly, if someone leaves of their own free will but then returns after being banned, they can still be charged even if they leave voluntarily each time.
Can You Trespass at a Business Open to the Public?
Yes. While businesses like stores, restaurants, bars, and shopping centers may be open to the public, if you refuse to leave after being asked to do so or return after being banned, you are committing trespassing.
Is Trespassing a Misdemeanor or an Infraction?
“In California, trespassing charges can be filed as an infraction, misdemeanor, or felony, depending on the circumstances,” says Liss. Simple “pass through” trespassing is filed under 602.8 (PC), which is usually an infraction, while most trespass offenses are misdemeanors, filed under 602 (PC).
When trespassing occurs after a criminal threat, it falls under the more serious charge of 601 (PC), which can be filed as a misdemeanor or a felony.
What is Aggravated Trespassing?
Aggravated trespassing, charged under 601 (PC), occurs when:
- A person made a credible threat to cause serious bodily injury to another person, and
- Trespassed within 30 days onto the victim’s property, workplace, or a property next to their home, and
- Entered with the intent to cause serious bodily injury to the victim.
Because they involve a real danger to the victim, aggravated trespass offenses are taken very seriously by both police and prosecutors. If you have been accused of breaking this law, contact a lawyer as soon as possible.
Trespassing Penalties in California
Penalties vary based on the specifics of the crime, your criminal record, and the severity of the allegations.
Simple Trespassing: 602.8 (PC)
This offense is usually an infraction, punishable by $75 for the first offense and $250 for the second. However, third and subsequent offenses may be charged as misdemeanors, punishable by up to 6 months in jail and a $1,000 fine.
Standard Trespassing: 602 (PC)
Under this code, most forms of trespass are punishable by up to 6 months in jail and a $1,000 fine. However, a few subsections of this law, involving maternity hospitals, domestic violence shelters, and airports, are punishable by up to one year in jail.
Aggravated Trespassing: 601 (PC)
When charged as a misdemeanor, this crime can carry a sentence of up to one year in jail and a fine of up to $2,000. As a felony, penalties can include up to 3 years in prison. Most individuals charged with this offense will also be subject to a restraining order. Aggravated trespassing can be a violent felony and a strikable offense in some cases, which can impact maximum sentencing and parole.
Alternative Sentencing
“Many of my clients charged with misdemeanor trespassing have qualified for a diversion program that allowed them to keep the offense off their criminal record, provided they follow the terms of their diversion agreement,” says Liss.
Those who do not qualify for a diversion program may still be eligible for probation, allowing them to serve some or all of their sentence outside jail or prison. Probation agreement terms vary in each case, but may include:
- Community service
- Victim restitution
- Ankle monitors
- Agreeing not to commit any further criminal offenses
- Avoiding contact with known criminals
- Anger management classes
- Domestic violence classes
- Drug or alcohol treatment programs
Related Criminal Offenses
Those accused of criminal trespass in California may face additional penalties if convicted of similar offenses. Common charges filed alongside trespassing include:
Theft
The most common theft charges are grand theft (for amounts over $950) and petty theft for lower values. Shoplifting charges apply when someone enters a store with the intent to take merchandise valued at less than $950. Theft that occurs during an emergency is considered looting, which is often filed alongside unauthorized entry into an emergency area under 409.5 (PC). Burglary is a more serious form of theft that may be filed when someone enters a structure with the intent to commit petty theft or a felony.
View our dedicated theft page here.
Vandalism
Vandalism charges can be filed any time someone intentionally damages the property of another individual. If vandalism involves damage to plants, it may alternatively be charged under 384a (PC), which is always a misdemeanor.
Learn more about vandalism here.
Unlawful Lodging
Under section 647 (PC), unlawful lodging occurs when someone stays in a location on a long-term basis without the owner’s consent.
Criminal Threats
Often filed along with aggravated trespassing, criminal threats involve threatening to commit a crime that could result in great bodily injury.
Read more about criminal threats here.
Assault or Battery
In California, assault involves a threat or attempt to use violence paired with the ability to inflict injury, while battery involves the actual use of force.
Learn more about assault and battery charges here.
Domestic Violence
If someone trespasses on the property of their estranged spouse, ex, or other romantic or sexual partner, they may also be charged with domestic violence.
Find more information on domestic violence laws in California here.
Stalking
Aggravated trespassing charges are often filed alongside stalking, as this offense involves the intentional, repeated following or harassing of another person along with a credible threat that causes the victim to feel fearful.
Read more about stalking here.
Defenses to Trespassing Charges
To prove that someone was trespassing, prosecutors must have sufficient evidence that the defendant willfully entered another person’s property without permission and either refused to leave or interfered with the property owner’s rights. As a result, some of the strongest defenses include showing:
- You had permission to be on the property.
- You mistakenly entered the property.
- You wrongly, but reasonably, believed you had permission to be there.
- The property was lacking the signage or fencing required under the specific subsection you were charged with.
- You left the property when asked.
- You did not steal, cause damage, or interfere with a business.
- You are a victim of false allegations.
- There is insufficient evidence to prove your guilt.
Aggravated trespassing cases are more complex and require the prosecutors to prove you trespassed and:
- Made one or more credible, criminal threats to cause serious bodily harm to the victim, and
- Issued the threat within 30 days before the date of your alleged trespass, and
- Trespassed on the victim’s property, their workplace, or on a property next to their home, and
- Intended to carry out the previously made threat.
It is often difficult for prosecutors to prove all of these factors, particularly the intent aspect. If there is insufficient proof of the threat aspect in these cases, you could still be convicted of regular trespassing.
Trespassing Plea Bargains
Many of these cases are resolved through plea deals. In many cases, defense attorneys can have felony aggravated trespassing charges reduced to a misdemeanor, or standard trespassing charges reduced to simple trespassing, which is an infraction punishable only through a fine. Additionally, your defense counsel may be able to work with the District Attorney to minimize the number of charges you face if you have been accused of any related criminal acts.
Remain Silent
What you say to police can dramatically affect your defense options. Always invoke your right to silence when questioned and ask to speak to a lawyer.
Can Trespassing Charges Be Dismissed?
Yes, if the prosecution lacks sufficient admissible evidence to prove a case, the charges may sometimes be dropped.
In many cases, while the charges may not be dropped before trial, you may still qualify for a criminal diversion program. These programs allow you to keep the conviction off of your record as long as you complete the terms of your diversion agreement.
Call a Trespassing Lawyer Today
California trespassing law is notoriously complicated. Do not attempt to defend yourself against these allegations without an attorney, or you may limit your potential defense options.
Because California’s trespassing laws contain dozens of separate prohibited acts and exceptions, the outcome of a case often depends on the specific facts involved and the knowledge of the criminal defense lawyer. Attorney Peter M. Liss has over 40 years of experience practicing law and an in-depth understanding of these complex legal codes.
Schedule a free, no-obligation consultation today by calling (760) 643-4050.
Frequently Asked Questions About Trespassing Charges
What Is Penal Code 602 (PC)?
602 (PC) is California’s law on criminal trespass. It is very broad and complicated, but most cases involve entering a property without the owner’s permission, and refusing to leave or interfering with their property rights.
Is Trespassing a Criminal Offense in California?
It depends on the circumstances. Most offenses are criminal misdemeanors. However, if you left the property when asked and did not interfere with the owner’s property rights, you may only face an infraction, punishable by a fine.
Does There Have to be a No Trespassing Sign to be Charged With Trespassing?
No. While many subsections of the state law require no-trespassing signs or fencing, not all do. Additionally, you can even be accused of trespassing at a location open to the public if you refuse to leave someone else’s property after being asked to do so.
What Happens if You Accidentally Enter Private Property?
You will need to leave when you are asked to do so or when you find out you are on property closed to the public; however, accidentally wandering onto private property is not automatically a crime.
Can I Be Arrested for Refusing to Leave a Store?
Yes. If you refuse to leave someone else’s property, including public restaurants, hotels, or shops, after being asked to do so, you can be charged with trespassing.
Can Someone Trespass on Public Property?
Yes. If a person refuses to leave when asked, causes damage, enters a restricted area, or otherwise violates the property’s rules, they may be charged with a crime.
Is Trespassing a Felony?
Usually, trespassing is a misdemeanor. The one exception is if someone trespasses after making a criminal threat against someone else within 30 days. These actions could result in the charge being filed as aggravated trespass, which may be charged as a felony or misdemeanor.
What Is the Difference Between Trespassing and Burglary?
While these offenses are often charged together, they are not the same. Trespassing involves entering someone’s property illegally or refusing to leave property when asked, while burglary involves entering a property with the intent to commit a theft or felony.
Can a Trespassing Conviction Be Removed From My Record?
Yes. If you participate in and complete a diversion program, it will never be added to your record. Even if you don’t qualify for or complete a diversion program, you may be able to have the conviction expunged from your record.
