Trespassing in California is charged under Penal Code §602, which contains dozens of subsections describing different forms of unauthorized entry on the property of another. The most commonly charged trespass is “aggravated” trespass under PC §602(o) (entering and refusing to leave) and PC §602(m) (entering and occupying property without consent). Most trespass violations are misdemeanors with up to 6 months in county jail and a $1,000 fine. Simple “refused to leave” trespass under PC §602.1 can be charged as an infraction. The Law Office of Zak Fisher represents people charged with trespassing across Los Angeles County for a flat fee, with a free 20-minute consultation for anyone facing a pending charge.
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What Penal Code §602 actually says
PC §602 is a long statute with many subsections. The most commonly charged forms of trespass include:
- PC §602(k): Entering and occupying real property without consent.
- PC §602(m): Entering and occupying property of another without consent, after the owner has demanded the trespasser leave.
- PC §602(o): Refusing to leave property after being asked to do so by the owner, the agent of the owner, or a peace officer at the request of the owner.
- PC §602(q): Refusing to leave a business open to the public after being asked to do so.
- PC §602(s): Entering, occupying, or remaining on private property without the consent of the owner.
- PC §602.5: Unauthorized entry of a dwelling (a separate misdemeanor with stiffer penalties).
- PC §601: Aggravated trespass (with credible threat), a wobbler.
PC §602.1 covers refusing to leave a business open to the public and is sometimes charged as an infraction with no jail exposure.
What the prosecution must prove
The elements vary by subsection. For PC §602(o) (the most common trespass charge), the prosecution must prove:
- The defendant willfully entered another person property,
- When the defendant entered, the property had a sign posted, was enclosed by a fence, or the owner (or someone authorized) requested the defendant leave,
- The defendant refused to leave the property after being asked to do so, and
- The defendant had no right or authority to enter or remain on the property.
For PC §602.5 (entering a dwelling), the prosecution must prove the defendant entered or remained in the non-commercial dwelling place of another without consent.
Common defenses to a PC §602 charge
- Right or authority to enter: A lease, license, easement, prior permission, or co-tenancy can establish a right to be present.
- No request to leave: For “refuse to leave” subsections, the prosecution must prove the request was made, was clear, and was made by someone with authority.
- No specific intent to interfere: PC §602(k) and several other subsections require specific intent to interfere with property rights or business operations.
- First Amendment: Protest activity on traditional public forums and on private property opened to the public for similar purposes is often constitutionally protected. See Hague v. CIO, 307 U.S. 496 (1939).
- Public accommodation: A business open to the public cannot refuse entry based on protected class status. Refusals motivated by race, religion, gender, sexual orientation, or disability are not lawful refusals.
- Mistake of fact: A good-faith belief about consent or authority can negate willfulness.
- Pitchess motion: Useful when an officer is the central witness to the alleged refusal to leave.
- Motion to suppress: When statements or evidence were obtained through an unlawful detention or arrest.
Penalty ranges for trespassing
Misdemeanor trespass (PC §602 most subsections)
- Up to 6 months in county jail
- Fine up to $1,000 plus penalty assessments
- Up to 3 years of summary probation
- Stay-away order from the property
PC §602.5 entering a dwelling
- Up to 6 months in county jail (or up to 1 year if the resident was present and a victim of injury or threat)
- Fine up to $1,000
Aggravated trespass with credible threat (PC §601)
- Wobbler: misdemeanor up to 1 year, felony 16 months, 2, or 3 years
- Requires a credible threat against the property owner within 30 days of the entry
Infraction (PC §602.1)
- Fine only, no jail, no criminal record beyond the infraction
What happens at a Los Angeles trespass arraignment
Trespass cases are filed in the misdemeanor calendar of the courthouse covering the location of the alleged conduct. Most trespass defendants are released on own recognizance. At arraignment, the court may issue a stay-away order under PC §136.2. Diversion under PC §1001.95 is widely available for misdemeanor trespass and is often the cleanest path to dismissal. Under PC §977, counsel can appear for the client at most subsequent court dates.
How the Law Office of Zak Fisher handles trespass cases
Each case begins with a free 20-minute consultation to identify the property, the relationship between the parties (if any), and the circumstances of the entry or refusal to leave. If the case is taken, the fee is flat and quoted in writing before engagement. Early steps include obtaining bodycam footage and any 911 audio, identifying any First Amendment or right-to-be-present issues, and assessing diversion eligibility under PC §1001.95. The practice personally appears at every court date and answers texts and emails within one business day.
Contact
Law Office of Zak Fisher
8335 W. Sunset Blvd., Suite 354
West Hollywood, CA 90069
Phone: (310) 818-7461
Email: info@zakfisherlaw.com
Hours: Monday through Thursday 10:00 AM to 4:30 PM, Friday 10:00 AM to 4:00 PM
Book a free 20-minute consultation
Frequently asked questions about trespassing in California
Is trespassing a misdemeanor in California?
Most trespass charges under Penal Code §602 are misdemeanors with up to 6 months in county jail and a $1,000 fine. “Refused to leave” trespass under PC §602.1 can be charged as an infraction with fine only.
What is aggravated trespass under PC §601?
PC §601 makes it a wobbler to make a credible threat to a specific person and then enter that person property without consent within 30 days. It is filed as either a misdemeanor or a felony depending on the facts and the prior record.
Can I be arrested for trespass at a business open to the public?
Only if you refused to leave after being asked. Mere presence in a business open to the public is not trespass. Once the owner or agent asks you to leave and you refuse, PC §602(o) or §602.1 may apply.
What about protests on private property?
Private property generally is not a public forum, but the California Constitution recognizes limited rights to leaflet and protest in shopping malls and similar quasi-public spaces under Pruneyard Shopping Center v. Robins, 23 Cal.3d 899 (1979). The analysis is fact-specific.
Can trespass be diverted?
Yes. Penal Code §1001.95 diversion is broadly available for misdemeanor trespass. On successful completion of conditions (community service, stay away from the property, brief education program), the case is dismissed.
Will a trespass conviction affect my immigration status?
Generally no. Simple trespass is not typically a crime of moral turpitude or an aggravated felony. Aggravated trespass with a credible threat under PC §601 can have immigration consequences.
Can a trespass charge be reduced to an infraction?
Yes. PC §602.1 is sometimes charged as an infraction, and a misdemeanor 602 filing can often be reduced by negotiation to an infraction with fine only.
What if the property owner gave me permission?
That is a complete defense. Express or implied consent to enter is not trespass. Lease agreements, licenses, easements, and prior course of conduct can all establish consent.
Can I trespass my own home?
Not usually. A current lawful resident or co-tenant generally cannot trespass at their own residence. Disputes over occupancy and tenancy can complicate the analysis and may need to be resolved in civil court.
How long does a trespass conviction stay on my record?
Indefinitely unless expunged. Expungement under PC §1203.4 is available after successful probation. Diversion completion under PC §1001.95 results in dismissal with no conviction on the record.