California Penal Code Section 602 & 601(a) PC
The crime of Trespass is found at California Penal Code Sections 601(a) & 602 PC. There are a variety of trespass charges that may be charged as crimes in California. In fact, the Penal Code lists approximately forty different kinds of criminal trespass. The exact trespass charge that a defendant may face depends on the circumstances or facts of the allegations.
In general, in order for the district attorney to prove the crime of criminal trespass the prosecutor must prove the following:
That the defendant entered upon property without the owner's consent to commit an illegal act of some kind, or that the defendant remained on property after being instructed to vacate the property.
"Property" can be just about any type of property such as a building, a home, a vacant field, a boat, etc.
The above definition of criminal trespass is a fairly narrow definition because there are so many specific trespass charges in California.
For example: Under PC 601(a) Trespass after making a credible threat, the district attorney must prove that a credible threat to harm another person was made and that the defendant entered the property with the intent to carry out the threat. On the other hand, PC 602(k) Trespass to interfere with business, requires that the district attorney prove that the defendant actually intended to interfere with business activity, regardless of any credible threat. For a complete list of criminal trespass charges in California see below.
Trespass criminal charges are usually filed as either a misdemeanor or an infraction. If found guilty of misdemeanor criminal trespass under PC 601(a) or 602, the defendant faces up to 180 days in jail (exceptions for up to one year for most criminal trespass charge associated with airports or women's shelters).
Where there is a threat of serious bodily injury associated with trespass then the defendant can face felony charges under PC 601(a) and serve up to 3 years in prison if found guilty.
In addition to any possible jail time, the defendant may be made to stay away from certain people or certain places under a criminal protective order. In addition, a conviction of criminal trespass under either PC 601(a) or 602 may lead to possible probation terms, fines, stay-away orders, mandatory anger management style classes, possible professional licensing consequences, DMV consequences (where a vehicle is used in connection with PC 601(a) or 602 trespass charges), immigration consequences (for non-U.S. citizens), and more.
In some cases it may be possible to reduce the charge to an infraction or to completely dismiss a criminal charge of trespass under PC 601(a) or 602. In other cases, it may be possible to reduce the amount of consequences that the charge itself usually entails, such as the fines or probation.
If you are charged with a violation of California PC 601(a) or 602 PC, Criminal Trespass, contact a criminal defense attorney without delay.
Criminal Defense attorney Christopher Dorado is an experienced and aggressive attorney devoted to defending persons accused of criminal trespass under PC 601(a) & 602. Attorney Dorado will patiently explain your rights and option and there is no charge for an initial in-office consultation.
Call today! 909.913.3138
Closely Associated Crimes with Criminal Trespass include:
PC 601(a) Trespass - threat of serious bodily injury;
PC 602(a) Trespass - remove timber of another;
PC 602(c) Trespass - injure or sever produce
PC 602(d) Trespass - remove soil or stone
PC 602(e) Trespass - dig/remove stone of street
PC 602(f) Trespass - damage/destroy highway sign
PC 602(h)(1) Trespass - injure farm animal
PC 602(i) Trespass - damage fence/gate/signboard
PC 602(k) Trespass - intent to interfere with business
PC 602(m) Trespass - enter & occupy property
PC 602(n) Trespass - drive vehicle on private property
PC 602(p) Trespass - enter closed lands
PC 602((q) Trespass - refuse or fail to leave building
PC 602(r) Trespass - ski in closed area
PC 602(s) Trespass - refuse to leave hotel/motel
PC 602(t) Trespass - enter or refuse to leave property
PC 602(w) Trespass - refuse to leave women's shelter
PC 602(x)(2)(c) Trespass - maternity ward
PC 602.5(a) Trespass - unauthorized entry of dwelling
PC 602.8(a) Trespass - fenced area or posted land
PC 602.13 Trespass enter into animal enclosure at zoo
PC 602.9(b) unlawful renting of residential dwelling
PC 602.10 Obstruct teacher/student at college