California criminal trespass laws are primarily defined under Penal Code 602 (misdemeanor trespass) and Penal Code 601 (aggravated or felony trespass).
These statutes criminalize entering or remaining on property without permission and, in more serious cases, making threats and returning to carry them out.
If you are facing trespassing charges in Los Angeles or anywhere in California, understanding the differences between misdemeanor and felony trespass is critical to protecting your record, your freedom, and your future.
This guide explains:
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The legal definition of trespassing
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The difference between Penal Code 602 and Penal Code 601
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Potential jail time and fines
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Common defense strategies
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Frequently asked questions
What Is Criminal Trespassing Under Penal Code 602?
Penal Code 602 makes it illegal to enter or remain on someone else's property without consent, or to interfere with business or property rights.
Common examples of misdemeanor trespassing include:
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Refusing to leave private property after being asked
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Entering a business with the intent to disrupt operations
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Staying in a hotel without paying
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Entering closed public land or restricted areas
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Occupying property without permission
Elements the Prosecutor Must Prove
To convict you under PC 602, the prosecutor must prove beyond a reasonable doubt that:
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You willfully entered or remained on property
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You did not have permission
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You intended to interfere with property or business rights
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You actually interfered or obstructed lawful activity
If any element cannot be proven, the charge should not result in a conviction.
Penalties for Penal Code 602
Trespassing under PC 602 is usually a misdemeanor and carries:
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Up to 6 months in county jail
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A fine of up to $1,000
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Summary (informal) probation
Even a misdemeanor conviction can create a permanent criminal record.
What Is Aggravated Trespassing Under Penal Code 601?
Penal Code 601 defines aggravated trespass, also known as felony trespass.
This more serious charge applies when:
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You make a credible threat to cause serious bodily injury
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You intend to place the person in reasonable fear
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Within 30 days of that threat, you enter their residence, workplace, or property
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You intend to carry out the threat
A threat can be made:
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Verbally
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In writing
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Through text or email
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Through a pattern of conduct
This charge often appears in cases involving domestic disputes or stalking allegations.
Is Penal Code 601 a Felony?
Penal Code 601 is a wobbler. This means prosecutors can charge it as either:
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A misdemeanor
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A felony
The decision depends on:
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The severity of the threat
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The defendant's criminal history
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The surrounding circumstances
Penalties for Felony Trespassing
If charged as a felony, penalties may include:
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16 months, 2 years, or 3 years in county jail
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Up to $10,000 in fines
A felony conviction can significantly affect employment, housing, and firearm rights.
Key Differences Between PC 602 and PC 601
Penal Code 602:
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No threat required
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Focuses on unlawful entry or interference
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Typically misdemeanor
Penal Code 601:
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Requires a credible threat
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Entry within 30 days of threat
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Can be charged as felony
Understanding which statute applies to your case is critical to your defense strategy.
Common Defense Strategies in Trespassing Cases
Every trespassing case is fact-specific. A skilled criminal defense attorney may use several defenses, including:
Lack of Intent
Trespassing requires willful intent. If you entered accidentally or without intent to interfere, the charge may fail.
Consent or Implied Permission
If you had permission — or reasonably believed you had permission — to be on the property, that can defeat the prosecution's case.
No Interference with Business
In cases alleging interference with business operations, the prosecutor must prove actual obstruction occurred.
No Credible Threat (PC 601 Cases)
For aggravated trespassing, the alleged threat must be credible and intended to create fear. Vague statements or misunderstandings may not qualify.
False Accusations or Misunderstanding
Trespassing charges often arise during heated disputes. Motives such as anger, revenge, or domestic conflict can lead to false or exaggerated claims.
Related Charges Often Filed With Trespassing
Trespassing allegations sometimes accompany other charges, such as:
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Vandalism
California Penal Code 415.5 PC makes it a crime to willfully disturb the peace on school grounds or at school-related activities. This is why early legal intervention is essential.
Being accused of loitering near a school in California can result in criminal charges under Penal Code 653b, fines, and a lasting record.
Frequently Asked Questions
Is trespassing always a misdemeanor in California?
No. Penal Code 602 is usually a misdemeanor. Penal Code 601 aggravated trespass can be charged as a felony.
Can trespassing charges be dismissed?
Yes. If the prosecutor cannot prove intent, lack of consent, or credible threat (in PC 601 cases), charges may be reduced or dismissed.
What happens if I refuse to leave a business?
Once consent is withdrawn and you refuse to leave, you may be charged under Penal Code 602.
Can trespassing go on my permanent record?
Yes. A conviction will appear on your criminal record unless later dismissed or expunged.
Can aggravated trespass be reduced to a misdemeanor?
In many cases, yes. A defense attorney may negotiate a reduction depending on the facts and your record.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help. Schedule your consultation using the contact form or call us at (424) 372-3112.
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