Understanding California Trespassing Laws – Penal Code 602 PC

Trespassing is a common criminal charge in California, often arising from disputes over property rights or misunderstandings. Under California Penal Code 602, trespassing occurs when an individual enters or remains on someone else’s property without permission or a legal right to do so. While some trespassing incidents may seem minor, this charge can carry significant consequences, including fines, jail time, and a lasting criminal record.

If you’ve been charged with trespassing in Los Angeles, it’s crucial to understand the law, the penalties you may face, and the defenses available to protect your rights. At The Law Offices of Arash Hashemi, our criminal defense attorney provides experienced representation for individuals accused of trespassing and other criminal offenses. Contact our office today at (310) 448-1529 for a free consultation.

Elements of Trespassing Under California Penal Code 602 PC

To secure a conviction for trespassing, the prosecution must prove the following elements beyond a reasonable doubt:

1. Unlawful Entry or Presence
   The defendant willfully entered or remained on private or public property without the owner’s consent or legal justification.
2. Intent
   The defendant acted with the intent to interfere with the property owner’s rights. This interference can include:
   • Damaging the property.
   • Disrupting lawful activities.
   • Refusing to leave when asked by the owner or an authorized agent.
3. Lack of Authorization
   The defendant had no legal right, invitation, or authorization to be on the property at the time of entry or while remaining there.

Common Examples of Trespassing

• Simple Trespass: Walking onto someone’s private property and refusing to leave when asked.
• Protest Trespass: Entering a business or government building to participate in a protest without permission.
• Squatting: Occupying a vacant home, building, or other property without authorization.
• Vandalism-Related Trespass: Entering property to commit acts such as graffiti or other damage.
• Trespassing on Public Land: Entering restricted areas, such as closed parks or government facilities, without proper authorization.

Penalties for Trespassing under CA Penal Code 602 PC

Infraction

• Typically applies to minor trespassing violations, such as unintentionally entering private property.
• Penalties: A small fine, usually up to $100.

Misdemeanor Trespassing

• Common for cases involving unauthorized entry or refusal to leave when asked.
• Penalties:
  • Up to 6 months in county jail.
  • Fines of up to $1,000.
  • Possible probation, community service, or restitution to the property owner.

Felony Trespassing

• Applies in aggravated cases, such as trespassing with the intent to harm or commit a more serious crime.
• Penalties:
  • Up to 3 years in state prison.
  • Higher fines and more severe probation terms.

When Trespassing Becomes a Misdemeanor or Felony

• Aggravated Trespass: Entering someone’s home or workplace after making threats of harm.
• Repeat Offenses: Having prior trespassing convictions may lead to harsher penalties.
• Intent to Commit a Crime: Entering a property with the intent to commit theft, vandalism, or another felony.

Defenses to Penal Code 602 PC

Lack of Intent: If the defendant entered the property unintentionally or for a lawful purpose, they may not meet the intent requirement for trespassing.

Permission or Authorization: If the defendant had the property owner’s consent to enter or remain, they are not guilty of trespassing.

Lack of Notice: If property boundaries were not clearly marked or the defendant was not warned to leave, this may serve as a defense.

False Accusation: Misunderstandings or malicious accusations could lead to unwarranted charges. Witness statements, security footage, or other evidence may help establish innocence.

Violation of Rights: If law enforcement violated the defendant’s rights during a search, seizure, or arrest, the court may exclude improperly obtained evidence or dismiss the case entirely.

Contact a Los Angeles Criminal Defense Attorney Today

At The Law Offices of Arash Hashemi, we understand how a trespassing charges can disrupt your life and future. With over 20 years of experience, Attorney Arash Hashemi provides aggressive and personalized legal representation to defend your rights and minimize the impact of these charges. Our criminal defense attorney will thoroughly review the facts of your case, challenge the evidence presented by the prosecution, and craft a defense strategy tailored to your unique circumstances.

Don’t let a trespassing charge define your future. Take immediate action to protect your rights by consulting with a trusted Los Angeles defense attorney who will fight tirelessly on your behalf.

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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.