California law recognizes the sanctity of a person’s private space. You commit the crime of trespass by entering or remaining on another person’s property without consent. Before you face a conviction for trespass, the prosecutor must prove that you entered the property willfully and intended to interfere with a business or obstruct property.

Although most trespass cases result in misdemeanor charges, you should not take the situation lightly. Trespass is a serious offense that can land you in jail and leave you with severe collateral consequences. Even after serving your jail sentence, a trespass conviction will remain on your record, affecting other aspects of your life.

Escaping the collateral consequences of such a conviction will require you to undergo lengthy and tiresome legal processes like expunging your record or seeking a governor’s pardon. If you or your loved one faces trespass charges in Fresno, CA, you will require our guidance at California Criminal Lawyer Group. Our reliable attorneys will help protect your constitutional rights and guide you through building a solid defense against your case.

An Overview of California Penal Code 602

California Penal Code 602 defines trespass as entering and remaining on another person’s property without consent and with an intention to interfere with their business. Penal Code 602 outlines several activities that constitute criminal trespass, including:

  • Entering another person’s property to damage it.
  • Entering someone else’s business to obstruct their business activities.
  • Entering and occupying a property without the owner’s consent.
  • Failure to leave another person’s property when you are asked to do so.
  • Failure to submit to screening in an airport or courthouse.
  • Taking soil from someone else’s property.

A prosecution must prove these elements before you face a conviction for trespass:

  • You Willfully Entered Property Belonging to Someone Else

Under California law, an action is willful when you take it purposefully. There is no requirement that you intend to break the law. Therefore, wandering into another person’s property without intending to do something will not result in a trespass charge.

  • You Occupied the Property

You occupy a property when you remain there continuously. If you accidentally enter another person’s property, you should leave when asked to do so. Staying on the property will result in a trespass conviction.

  • You Entered the Property without Permission

Your entry into another person’s property would qualify as trespass if you did not have permission from the owner or an unauthorized person. Therefore, the prosecution must prove the lack of consent when establishing your guilt under this statute.

  • You Intended to Interfere With a Business or Property

A specific intent is a mental state that means you did not intend to do something specific but knew the consequences of your actions. The type of interference addressed under this statute could include property damage or obstructing the daily activities on the property.

Penalties for Trespass

A violation of the California Penal Code is a misdemeanor. If you are convicted of the offense, the court can impose these penalties:

  • A six-month maximum jail sentence.
  • Fines that do not exceed $1,000.

Under the following circumstances, the prosecution can file aggravated trespass charges against you:

  • You made a believable threat against another person.
  • The alleged victim feared for their life due to the threats.
  • You entered the person’s property within thirty days of making the threats.
  • You entered the property with the intent of carrying out the threat.

Aggravated trespass can be charged as a felony or a misdemeanor based on the facts of your case. When the offense is charged as a misdemeanor, the court imposes a jail sentence of up to one-year. The felony penalties for aggravated trespass include a maximum of three years in state prison and a fine of up to $10,000.

Defense Against Trespass Charges in California

Depending on the circumstances of your case, a trespass conviction can have devastating consequences for you. With the help of your lawyer, you can present the following defenses against your case:

Consent to Enter the Property

Lack of consent is a critical element that the prosecution must prove to secure a trespass conviction against you. You can avoid a conviction under Penal Code 602 by arguing that the property owner gave you consent to enter and remain on the property.

Additionally, you could be exempt from prosecution under this statute if you had a valid reason to be on the property. These reasons could include an inspection, a response to a domestic disturbance, or serving legal documents.

False Allegations

You could be charged with trespass even if you did not commit a crime while on another person’s property. For this reason, it is not uncommon to be falsely accused of the offense. Some of the reasons why you could fall victim to false allegations include the following:

  • Anger or revenge. A person with whom you have a strained relationship can make false allegations of trespass to get back at you. Your conviction and punishment could give them satisfaction.
  • Someone else is trying to escape liability. If the trespass caused damage to property or a distraction to the owner’s business, the actual perpetrator of the act could attempt to place the blame on you. A person can do this to escape liability for their actions.
  • Mistaken identification. Sometimes, trespassing occurs during the night. This can make it difficult for the witnesses to misidentify you as the perpetrator. This may arise if you fit the description of the alleged perpetrator.

If you are falsely accused of violating CPC 602, your defense attorney can help you avoid liability for this offense. This can be done by establishing an alibi. The alibi will show you were in a different location when the crime occurred.

Insufficient Signage

California law has guidelines for marking a property to avoid trespass. This could be done by installing a fence or putting up a "no trespassing sign." If the property did not meet these requirements, there would be no way for you to know that you were not allowed there. Therefore, insufficient signage can be a valid and effective defense against your charges.

Right to Enter or Remain on the Property

The prosecutor must prove that you entered or remained on a property without permission from the property owner or another authorized person. You can avoid a conviction for trespass by arguing that your actions on the property were permitted.

Your Actions Were Not Willful

You must have deliberately entered or remained on a property to be charged with trespass in California. For example, if you visited a relative or friend but were unsure of their property, you could end up on their neighbor's compound. If you are arrested for trespass under these circumstances, you can argue that your entry into the property was accidental.

Lack of Intent to Interfere with the Property

Under PC 602, it is illegal to enter another person’s property with the intent to obstruct or interfere with their business. The intent element is a challenging element for the prosecution to prove. Therefore, you can avoid liability under this statute by arguing that you did not intend to interfere with another person’s business by entering the location.

Trespass as a Plea Bargain

Under California law, a plea bargain is a negotiation between a defense attorney and the prosecution. Plea bargaining is a valuable tool that can benefit both the prosecution and defense in a criminal case. With a plea deal, a defendant pleads guilty to a lesser offense in exchange for dismissing their underlying crime.

Entering a plea deal saves you from facing harsh penalties for your offense. For the prosecution, the plea deal helps shorten the criminal court process and saves the court's resources. The prosecution can agree to a plea deal when they have insufficient evidence against you.

Trespass is a standard plea deal when you face charges for serious crimes like vandalism and burglary. With the plea deal, you can avoid the criminal and collateral consequences of a felony conviction. Trespass is a misdemeanor that is easy to shake off through an expungement. Additionally, you can easily explain away a misdemeanor conviction when it arises on your background check.

Sealing an Arrest Under Penal Code 602

Even when you do not face a conviction, a mere arrest for trespass can significantly affect your life. Arrest records are public records. Any person who performs a background check on you can find the record. For people and organizations that care about your criminal history, your arrest record can result in discrimination and stigma.

Fortunately, if you were arrested under PC 602 and the arrest did not result in a conviction, you can avoid the consequences of the arrest by sealing the record. When you seal an arrest record, it can no longer appear on the background check. Under California law, an arrest record could be anything from your fingerprints and the police report to rap sheet entries and the booking photo.

Before Senate Bill 393 was passed into law, a person seeking to seal their arrest record was required to file a petition and prove factual innocence before having their record sealed. Under the new law, all arrests that do not result in a conviction can be easily sealed. Under these circumstances, you may be eligible to seal your Penal Code 602 arrest record:

  • You were arrested and released before the prosecution could file a trespass charge.
  • The trespass charges against you were dismissed and cannot be refiled.
  • Your case went to trial, and the court found you not guilty of trespass.
  • You were convicted of trespass, but the appeal court judge reversed or vacated the conviction.

Your petition to seal the arrest will be dismissed if you are still battling charges for another offense based on your trespass arrest. For example, if you enter a person’s property without permission, you can be charged with trespass. However, if evidence suggests you destroyed the property, the prosecution will introduce vandalism charges. You cannot seal the arrest while battling vandalism charges, even when not convicted of trespass.

The process of sealing your trespass arrest record will take the following steps:

Filing a Petition

You can file your record-sealing petition with the court where the charges were filed. If the prosecution did not file the charges, the petition must be filed in the county where the arrest occurred. Your petition will be served on the prosecution and the law enforcement agency involved in the arrest.

  • With your petition to seal your arrest, you must attach the following information:
  • Your name and birth date.
  • The date of the arrest that you want to seal.
  • The city where you were arrested.
  • The name of the law enforcement agency that arrested you.
  • List of crimes arising from your arrest.
  • A statement that sealing your record will be in the best interest of justice.
  • Details on how the interests of justice will be served when the court grants your petition.

Attend the Hearing

If the prosecution agency contests your petition, the court schedules a hearing. The county of your arrest determines whether or not you must be present for the record-sealing hearing. At the hearing, the judge will examine your arrest record and the justifications you have provided before granting or dismissing the petition. A skilled attorney will ensure you have correctly filed all the documents for a successful petition.

Frequently Asked Questions on Trespass Charges in California

Minor acts, like passing through another person’s property without permission, can land you in serious legal trouble. If you face trespass charges, you may be confused about the necessary steps for protecting your rights and avoiding the consequences of your conviction. The following are frequently asked questions on arrest, prosecution, defense, and punishment for violating PC 602:

Can I be arrested for entering another person’s property during a protest?

You have a right to peaceful protests in California. However, if you enter another person’s property and distract or obstruct their business, you can be arrested and charged with trespass. If your entry or presence in the area did not affect the property owner and their daily activities, you could have a solid legal defense in your case.

What would happen if I didn’t know I was not allowed in the area?

You can be charged in California with several forms of trespass. Depending on the statute you violated, you may not be found guilty of trespass if there was no notice that you could not enter the area.

Is incarceration mandatory after a trespass conviction?

No. The jail sentence for a trespass conviction is six months. However, the sentence is not mandatory. The court can sentence you to probation instead of jail. Misdemeanor probation lasts up to three years and is served through community service. Not all defendants facing trespass charges will be eligible for probation.

The court may issue a probation sentence if you did not damage property or steal anything from the property you entered. You may also be eligible for this sentence if the PC 602 violation is your first offense. Although probation can save you from incarceration, the judge can attach the following conditions to the sentence:

  • Pay all your court fines.
  • Complete your community service.
  • Submit to a random drug test.
  • Avoid committing additional crimes.

If you violate any of these probation conditions, the court can schedule a probation violation hearing. At this hearing, you can defend yourself against the probation violation allegations. If the court finds you violating the law, you can be sent back to jail to serve your original sentence.

Can I expunge a trespass conviction?

The consequences of a trespass conviction go beyond incarceration and fines. With a PC 602 on your record, securing a job or a professional license may be difficult. California Penal Code 1203.4 helps you avoid the disability of your conviction by expunging the record.

With an expungement, the court allows you to withdraw your ‘guilty’ verdict and re-enter a plea of not guilty. If you successfully expunge your conviction, the record cannot be used to discriminate against you.

Not all individuals convicted of trespass can expunge their records. You must meet the following eligibility criteria:

  • You have completed your probation. The court can send you to probation instead of jail for trespass. Before you can expunge the conviction, you must have completed your probation sentence successfully. Probation is complete when the probation term ends, and you follow all the conditions.
  • You should not be facing other charges. You cannot expunge your conviction if you are on probation or serving a sentence for a subsequent offense.

Expunging a PC 602 conviction involves filing a petition with the court and attending the hearing.

Crimes Related to Trespass

The prosecution will file the following related charges alongside or instead of trespass:

Burglary

California law defines burglary as entering a commercial or residential structure to steal or commit a felony. If you intend to commit a crime on another person’s property, the prosecutor can file trespass and burglary charges. The elements of burglary under PC 459 include:

  • You entered a locked building or vehicle.
  • You entered the residential or commercial property intending to commit a theft crime or another felony offense.

You can be charged with first- or second-degree burglary, depending on the type of building you entered. First-degree burglary is a felony punishable by:

  • Felony probation.
  • A prison sentence from two to four or six years.
  • A fine of up to $10,000.

Second-degree burglary, on the other hand, is a wobbler. This means that the crime can attract misdemeanor or felony charges. When charged as a felony, the offense will result in a prison sentence of three years. You could spend up to one year in jail for a misdemeanor conviction.

Vandalism

You can be charged with vandalism for destroying another person’s property maliciously. One of the instances where you could be charged with trespass is when you enter a person’s property to destroy it. In this case, you can be accused of vandalism and trespass. The elements of vandalism include:

  • You maliciously destroyed property or defaced it with graffiti.
  • The property belonged to someone else.

The prosecution will file misdemeanor charges if the damaged property is worth $400 or less. Otherwise, you can face charges and a conviction for a felony. A misdemeanor conviction for vandalism can result in a jail sentence of one year. Vandalism is punishable by up to three years in prison when charged as a felony.

Arson

California PC 451 makes it a crime to burn property or forest land willfully. You can be charged with arson for burning another person’s property or burning your property for fraudulent purposes. The prosecution proves your guilt under PC 451 by establishing the following elements:

  • You burned or caused a fire in a structure.
  • Your actions were willful and malicious. A person’s actions are considered willful and malicious when done intentionally to injure, defraud, or annoy someone else.

A violation of PC 451 attracts felony charges. The severity of your punishment for this crime varies depending on the type of property you burned and the extent of damage you caused to the victim of your actions. Your sentence will be harsher if, while burning the property, you cause injury or death to another person.

If you are charged with trespass and the property is damaged by fire, the prosecution can file additional charges for arson against you. Therefore, having a skilled lawyer help you fight your trespass charge is beneficial.

Find a Knowledgeable Criminal Lawyer Near Me

Under California Penal Code 602, entering or staying on another person’s property without permission is a crime. You can be arrested and charged under this statute even when you have no intention of stealing or committing another crime while on the property. You could face incarceration and hefty fines if you are convicted of trespass.

Depending on your motives for entering or remaining on the property, the prosecution can introduce additional charges for burglary and vandalism. Not all arrests under PC 602 result in convictions. Some cases are based on false allegations, while others could result from mistaken identification or facts. You can present numerous defenses against your case to have it dismissed or have your penalties reduced.

Seeking legal insight is critical to avoiding a conviction for trespass in California. However, your choice of legal representation can significantly impact the outcome of your case. We will review your case at the California Criminal Lawyer Group and work hard to ensure the best possible outcome. We serve clients seeking guidance and representation to battle criminal charges in Fresno, CA. Contact us today at 559-712-8377 for further legal consultation.