You stop to take photos outside a gated property in Los Angeles, assuming it’s public land. Minutes later, law enforcement confronts you and issues a misdemeanor citation. Now you’re searching for answers about trespassing laws in California and what they all mean.
In California, trespassing isn’t just a misunderstanding; it can lead to serious criminal consequences. Whether you’re accused of being somewhere you shouldn’t have been or overstaying your welcome, understanding the law and your options is essential.
What Is Trespassing?
California Penal Code § 602 makes it a crime to enter or remain on someone else’s property without permission. But it’s not a one-size-fits-all charge. The statute outlines over 30 specific types of conduct that can qualify as criminal trespass. These include:
- Entering land to damage property or interfere with lawful business;
- Refusing to leave private property when requested by the owner, occupant, or peace officer;
- Entering fenced or posted land without lawful business;
- Occupying property without consent; and
- Trespassing on closed or posted business property after hours.
While not exhaustive, this list provides an overview of actions that can result in a criminal trespass charge in California.
Common Examples of California Trespassing
California trespassing laws apply to private property, and charges come up in a range of everyday situations:
- A protestor refuses to leave a business lobby after being asked,
- Someone sleeps in an abandoned building without permission,
- A tenant reenters a rental after being lawfully evicted, or
- A hiker crosses into a posted “no entry” area on private ranch land.
Some cities, like Los Angeles, have local ordinances that supplement PC § 602 violations, particularly for commercial properties.
What Is the Fine for Trespassing in California?
The penalty for trespassing depends on the specific conduct and whether it’s charged as an infraction, misdemeanor, or, in rare cases, a felony:
- Infraction. Entering posted land without permission may result in fines of up to $100 for a first offense.
- Misdemeanor. Refusal to leave or obstruction of business can lead to up to six months in jail and/or fines of up to $1,000.
- Aggravated Trespass (PC § 601). Entering with the intent to intimidate or harm someone is a felony-level charge, punishable by up to three years in prison.
Even if you avoid jail, a conviction can result in a criminal record that impacts employment, housing, immigration, and licensing opportunities.
What Happens If You’re Arrested for Trespassing?
Trespassing arrests usually occur when law enforcement suspects an individual has intentionally entered or remained on private property without authorization. Depending on the specific circumstances, the outcome can range from a citation or release to being taken into custody.
You will likely face misdemeanor charges unless there are aggravating factors. Some counties allow diversion or alternative sentencing, but it’s not guaranteed. A criminal defense attorney can advocate for the dismissal, reduction, or diversion of charges based on the facts of the case.
How Does the Prosecutor Prove Trespassing?
To convict you under the trespassing laws of California, the prosecutor must prove:
- You willfully entered or remained on the property,
- You did so without consent or lawful purpose,
- You interfered with property rights or refused to leave when asked, and
- Your conduct fits one of the types of trespass described in the statute.
For certain charges, like squatting or business interference, prosecutors may rely on jury instructions to define the elements of the offense.
Defense Strategies for Trespassing Charges in California
Not every allegation of trespass leads to a conviction. Depending on the facts, your lawyer may raise one or more of the following defenses:
- You had permission. Your conduct may not be criminal if you were invited, had prior access, or believed you had consent to be there.
- You didn’t willfully enter. Accidentally crossing a property line or not realizing land was private can counter the element of intent.
- The notice was unclear. Signs must be properly posted, and fences must be obvious. If property boundaries are unclear, your lawyer can challenge whether you had fair notice.
- You left when asked. For many PC § 602 violations, it’s only a crime if you refuse to leave. If you complied immediately with the request, the case may be dismissed.
- You were falsely accused. Misunderstandings, disputes, or even racial profiling can lead to false reports of trespass. Surveillance footage and witness testimony can help clear your name.
A good defense lawyer will investigate these facts, challenge the state’s assumptions, and advocate for the best possible resolution.
Why You Need a Lawyer for Trespassing Charges
Although trespassing may seem like a minor offense, it can have significant ripple effects, especially if it results in a criminal conviction on your record. A criminal defense attorney can:
- Review the specific code section you’re charged under;
- Identify defenses based on consent, notice, or mistaken conduct;
- Argue for reduction to an infraction or alternative resolution; and
- Represent you in court and during pretrial negotiations.
If you or a loved one is facing any trespass charge involving business property, protest activity, or repeat offenses, start with a strong foundation and contact a trespassing defense attorney.
Esfandi Law Group: Trusted Defense for Trespass and Property Crimes
At Esfandi Law Group, we know how prosecutors pursue trespass charges and how to challenge them. Attorney Seppi Esfandi has over 20 years of experience handling complex criminal cases in Los Angeles and surrounding courts.
We work quickly to secure evidence, speak with witnesses, and file motions to dismiss or reduce charges. Whether it’s a misunderstanding, a protest-related incident, or a business dispute, we fight to protect your rights and your record. With bilingual support and round-the-clock availability, we help clients across Southern California face criminal charges with confidence.
If you have been cited or charged under PC § 602, don’t wait to get legal help. The earlier you involve a trespass dispute attorney, the more options you’ll have to resolve your case effectively.
FAQs
Is Trespassing Always a Crime in California?
Not always. Trespassing can be charged as an infraction, misdemeanor, or, rarely, a felony. The level depends on your conduct, whether you refused to leave, and any prior offenses.
Can a Business Ban Me from Entering Again?
Yes. A private business can issue a written notice, often called a “Letter of Authority,” barring you from returning. Re-entry after notice may be considered trespassing.
What Is the Difference Between Loitering and Trespassing?
Loitering means lingering in a place without purpose, while trespassing involves entering or remaining without permission. Some situations may affect both, but they are distinct offenses.
Will Trespassing Show Up On a Background Check?
If you’re convicted or plead guilty, yes. Even misdemeanors appear on most background checks unless they are sealed or expunged.
