Aggravated Trespass

Violation of California Penal Code § 602.5 PC

California law defines the offense of aggravated trespass, which involves unlawfully entering or remaining in a residential dwelling while the resident or guest is present. Aggravated trespass is considered a misdemeanor and carries potential penalties of imprisonment for up to 1 year and/or fines of up to $1,000.^1

The complete text of the statute is as follows:

602.5 (a) Any person, other than a public officer or employee acting within the scope of their employment and in the performance of a duty imposed by law, who enters or remains in any noncommercial dwelling house, apartment, or other residential place without consent from the owner, their agent, or the person lawfully in possession, is guilty of a misdemeanor.

(b) Any person, other than a public officer or employee acting within the scope of their employment and in the performance of a duty imposed by law, who enters or remains in any noncommercial dwelling house, apartment, or other residential place without consent from the owner, their agent, or the person lawfully in possession, while a resident or another authorized person is present during the incident, is guilty of aggravated trespass. This offense is punishable by imprisonment in a county jail for a maximum of one year, a fine not exceeding one thousand dollars ($1,000), or both the fine and imprisonment.

(c) If probation is granted, the court may order a person convicted of a misdemeanor under subdivision (b) to participate in supervised probation for up to three years. Counseling, as assigned by the court, shall be a condition of probation.

(d) If a person is convicted of a misdemeanor under subdivision (b), the sentencing court shall also consider issuing a restraining order against the defendant, prohibiting any contact with the victim, which may be valid for up to three years as determined by the court. When determining the duration of the restraining order, the court shall consider various factors, including the gravity of the circumstances, the likelihood of future violations, and the safety of the victim and their immediate family.

(e) This section does not prevent prosecution under Section 459 or any other applicable law.^1

Legally speaking, PC 602.5 establishes aggravated trespass as a criminal offense in California, making it unlawful to unlawfully enter or remain in a residential property without the owner's or tenant's consent. Trespass itself is classified as a misdemeanor offense. If the property is unoccupied during the trespass, the penalties for trespass may include imprisonment for up to 6 months and/or fines of up to $1,000. However, if the resident or their guest is present during the trespass, the offense is elevated to aggravated trespass, which carries penalties of imprisonment for up to 1 year and/or fines of up to $1,000.^1

Individuals convicted of aggravated trespass may be eligible for up to three years of supervised probation instead of incarceration, provided they attend counseling sessions as assigned by the court.^2 Additionally, defendants convicted of aggravated trespass may be subject to a restraining order for up to three years. The court takes into consideration factors such as the seriousness of the case, the likelihood of the defendant re-offending, and the safety of the victim and their immediate family when determining the duration of the restraining order.^3

To gain a deeper understanding of California trespass laws, including PC 602, it is advisable to refer to the specific legal authorities. Edgerly v. City & County of San Francisco (9th Cir. Cal., 2010), 599 F.3d 946 serves as a legal reference concerning unauthorized entry or remaining in a noncommercial residential property, providing valuable insights into the legal framework and interpretation of the offense.^1 Similarly, People v. Asbury (Cal. App. 2d Dist., 2016), 4 Cal. App. 5th 1222 serves as a legal reference that explores aspects related to probation in cases of aggravated trespass.^2

In conclusion, Penal Code § 602.5 PC plays a significant role within the legal framework of California by criminalizing aggravated trespass and imposing appropriate penalties for offenders. The provided legal references, including Edgerly v. City & County of San Francisco and People v. Asbury, contribute to the understanding and interpretation of this statute, ensuring its proper application in legal proceedings. If individuals are facing criminal charges related to aggravated trespass in California, it is strongly recommended that they seek guidance and representation from experienced criminal defense attorneys. By contacting Second Chances Law Group's criminal defense attorneys, individuals may have the opportunity to discuss strategies that could potentially lead to the complete dismissal of their criminal charges.

Footnotes:

1. California Penal Code 602.5 PC – Unauthorized entry or remaining in noncommercial residential property; Aggravated trespass; Penalties; Probation; Restraining order. Edgerly v. City & County of