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California Penal Code 602 PC prohibits the crime known as criminal trespass. Put very simply, you may commit the California crime of trespassing when you enter. or remain on. someone else's property without permission or a right to do so. 1

California trespass law sets out literally dozens of situations in which the offense of trespass may take place. some that are common, and some that are highly unusual or even a bit bizarre. 2

Here are some examples of behavior that can lead to criminal trespass charges under Penal Code 602 PC:

• Because of a personal grudge against a restaurant's owner, entering the restaurant and creating a disturbance that drives other patrons away;
• Entering another person's unused garage without their consent, setting up a sleeping bag, and sleeping there for several nights; and
• Threatening to beat up an ex-girlfriend and then, a few weeks later, going to her office, apparently intending to behave violently toward her.

Penalties

In most cases, California trespass is a misdemeanor. which means it can lead to penalties of up to six (6) months in county jail and/or a fine of up to one thousand dollars ($1,000). 3

However, certain kinds of trespass in California law may lead only to infraction charges. with penalties consisting only of a small fine. 4

And if you commit what is known as "aggravated trespass" -- in which you threaten to injure someone physically and then enter their home or workplace without permission, as in the third example above -- you may even face felony trespass charges. 5 This could mean a jail sentence of sixteen (16) months, or two (2) or three (3) years. 6

Legal Defenses

If you are charged with trespass in California, you are not out of luck. An experienced California criminal defense attorney can help. by raising relevant legal defenses that may help you get your charges reduced or dismissed.

Some potentially helpful legal defenses include:

• You had the right to be on the property;
• You had consent to be on the property;
• You didn't "occupy" the property (for certain kinds of trespass). or you didn't actually obstruct or interfere with activity on the property (for other kinds); and
• The property was not fenced or signed (for trespass as an infraction).

In order to help you better understand how the crime of trespassing and trespass charges work in California, our California criminal defense attorneys will address the following:

2. Penalties for Criminal Trespass Convictions in California (Penal Code 601, 602