California Penal Code 602 – Trespass

Overview

California Penal Code 602 PC defines trespass as unlawfully entering or remaining on someone else’s property without permission. While often treated as a misdemeanor, it can be charged more seriously in cases involving repeat conduct, posted “no trespassing” signs, or restraining order violations.

At Jones Trial Attorneys, we’ve defended trespass charges ranging from innocent misunderstandings to cases linked to protests, domestic disputes, or mental health concerns. No matter the context—we fight to keep it off your record.

Legal Definition

Penal Code § 602 covers over 30 types of trespass, but the most common violation is:

“Entering and occupying real property or structures of any kind without the consent of the owner.”

Trespass charges may arise from:

• Entering private property without consent

• Refusing to leave after being asked

• Damaging or interfering with property

• Entering land closed to the public (e.g., construction sites)

Elements of the Crime

To convict someone of criminal trespass under PC 602, the prosecution must prove:

1. You willfully entered or remained on another person’s property;

2. Without permission or legal right; and

3. With intent to interfere with or obstruct the property owner’s rights.

Intent is key. A person who unintentionally enters property may not be guilty of trespass.

Penalties for Trespass

Most trespass charges under PC 602 are misdemeanors, punishable by:

• Up to 6 months in county jail

• A fine of up to $1,000

• Summary probation

• Possible stay-away or protective orders

In aggravated trespass cases (e.g., entering someone’s home after making a threat), prosecutors may charge the crime as a felony, with up to 3 years in prison.

Defenses to Trespass

Trespass often hinges on property boundaries, intent, and communication. Common defenses include:

• Consent – You were invited onto the property or had a legal reason to be there

• No intent – You didn’t mean to enter or remain unlawfully

• Mistake of fact – You believed you were allowed to be on the property

• Insufficient notice – No clear signage or verbal notice was given

• Constitutionally protected conduct – Peaceful protest or expressive activity

We’ve successfully had trespass charges dismissed pretrial through factual defenses and diversion.

Immigration and Employment Consequences

While most trespass charges are non-deportable, they can still raise red flags in:

• Security clearance applications

• Professional licensing

• Military service or law enforcement roles

We work to keep your record clean and avoid long-term harm to your reputation or livelihood.

Related Offenses

• PC 602.5 – Unauthorized Entry of a Dwelling

More serious form of trespass into an inhabited residence

• PC 594 – Vandalism

Trespass may involve property damage

• PC 273.6 – Restraining Order Violation

Trespass often charged alongside order violations

How Jones Trial Attorneys Can Help

What starts as a simple misunderstanding can become a criminal charge—unless you have an attorney who understands the nuances of property law and intent.

We’ll examine police reports, property lines, surveillance footage, and any relevant communication to fight your case and get you back to normal.

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