California Penal Code 602 PC Trespassing
What are the factors or elements for 602 PC Trespassing?
Under California Penal Code 602 PC, you may commit the California crime of trespassing when you enter or remain on someone else’s property without permission or a right to do so.
California trespass law sets out literally dozens of situations in which the offense of trespass may take place…some that are common, and some that are highly unusual or even a bit bizarre.
Here are some examples of behavior that can lead to criminal trespass charges under Penal Code 602 PC:
Because of a personal grudge against a restaurant’s owner, entering the restaurant and creating a disturbance that drives other patrons away;
Entering another person’s unused garage without their consent, setting up a sleeping bag, and sleeping there for several nights; and
Threatening to beat up an ex-girlfriend and then, a few weeks later, going to her office, apparently intending to behave violently toward her.
In most cases, California trespass is a misdemeanor, which means it can lead to penalties of up to six (6) months in county jail and/or a fine of up to one thousand dollars ($1,000).
However, certain kinds of trespass in California law may lead only to infraction charges ,with penalties consisting only of a small fine.
And if you commit what is known as “aggravated trespass” — in which you threaten to injure someone physically and then enter their home or workplace without permission, as in the third example above — you may even face felony trespass charges. This could mean a jail sentence of sixteen (16) months, or two (2) or three (3) years.
How can we defend you against charges of California Penal Code 602 PC Trespassing?
Some potentially helpful legal defenses include:
You had the right to be on the property;
You had consent to be on the property;
You didn’t “occupy” the property (for certain kinds of trespass) . . . or you didn’t actually obstruct or interfere with activity on the property (for other kinds); and
The property was not fenced or signed (for trespass as an infraction).
We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties, since 1992.
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