According to California law, trespassing on another person's property is punishable as a misdemeanor. When a credible threat of violence accompanies such entry, the law categorizes the crime as aggravated trespass. This more grave offense may result in felony charges, jail time, a criminal record, and immigration issues.

California Penal Code 601 PC punishes those who threaten to cause serious bodily injury to others and then enter their homes, places of work, or properties within 30 days to do so. These cases usually arise from domestic disputes, harassment, or stalking situations.

This article delves into the specifics of when trespass is aggravated under California law, the elements of the crime that prosecutors need to prove, potential penalties and defenses, and how a criminal defense attorney can assist.

Criminal Trespass Under California PC 602

Simple trespass, also known as criminal trespass, is regulated by California Penal Code 602 PC. It is trespassing or staying on another person's property without permission or legal right. This crime does not entail a threat of violence, as with aggravated trespass, but merely unlawful entry or occupation.

In its simplest form, criminal trespass is a situation where you intentionally trespass on land, buildings, or other property belonging to another person without the owner's permission. The California law specifies dozens of actions that can be considered trespass, including tearing down fences, squatting on land, or interrupting lawful business operations.

The following are some of the real-life situations that may result in criminal trespass charges:

  • Squatting on the land of another person without consent
  • Refusing to leave a garage, backyard, business, or other building when asked to do so
  • Entering a fenced area or a building with signs saying No Trespassing

To secure your conviction of simple trespass, the prosecutor must show that you willfully entered or stayed on someone else’s property without the permission or legal right. You were aware or should have been aware that you were trespassing. 

The law demands willful intent, implying that the act must not be done by accident or mistake. If you have strayed onto a person's property without knowledge, chances are you do not have the criminal intent to be convicted.

Aggravated Trespass Under California PC 601

Whereas simple trespass is unlawful entry, aggravated trespass, as defined by California Penal Code 601, takes the trespass to the next level with a threat of violence and the intention to do so. This statute is applicable when an individual threatens to inflict serious bodily injury and commits the unlawful entry into the home, workplace, or contiguous property of the victim within 30 days of the credible threat.

The Difference Between Penal Code 602 and 601

The most crucial distinction between PC 601 (aggravated trespass) and PC 602 (simple trespass) is the existence of a credible threat and the desire to intimidate or harm. In contrast to PC 602, in which an individual merely trespasses or stays on the property of another person, PC 601 entails:

  • A previous verbal, written, electronic, or behavioral threat
  • The threat should be of grievous bodily harm
  • The perpetrator must knowingly enter or trespass onto the victim's property within 30 days after issuing such a threat

Essentially, PC 601 deals with premeditated intimidation, not unauthorized presence.

Key Elements of Aggravated Trespass

To obtain a conviction on Penal Code 601, the prosecutor would have to show:

  • You threatened to cause serious bodily injury to someone else or their immediate family
  • You had the purpose of making the victim reasonably fearful for their safety
  • You willfully entered the victim's residence, property adjacent to the victim's home, or the victim's workplace
  • The entry was made within 30 days of issuing the threat and lacked any legal purpose
  • You intended to find the victim to respond to the threat

The 30-day window links the risk to the illegal entry, strengthening that the intrusion was directly connected to the initial act of intimidation.

Aggravated Trespass as a “Wobbler”

In California, aggravated trespass is a wobbler crime. This implies that prosecutors can charge it as a misdemeanor or a felony, depending on issues such as:

  • The nature of the threat
  • The degree of fear or victimization of the victim
  • Criminal background of the defendant
  • Any aggravating or mitigating circumstances

The maximum penalty that can be imposed on a misdemeanor conviction is 1 year in county jail, whereas a felony may be punished by up to 3 years.

Relation to Stalking and Domestic Violence

Aggravated trespass is usually committed in emotionally heated contexts, like a domestic dispute, a break-up, or sustained harassment. For example:

  • An individual constantly threatens a former partner and then shows up at their property unexpectedly
  • A person engaged in a stalking pattern trespasses to create additional fear

Such circumstances can include overlapping charges, including stalking (PC 646.9) or criminal threats (PC 422), which the prosecutors can charge concurrently with or instead of PC 601, depending on the behavior.

Meaning of a Credible Threat

A credible threat is a statement or act that leads an individual to reasonably believe that their safety or immediate family's safety is at risk and that the threatening individual can execute the threat. The threat need not be executed, or repeated, to be deemed credible. It must instill a reasonable fear and demonstrate that the defendant could fulfill it.

It is worth noting that the victim is not required to be physically injured by the law. The emotional and psychological effect, i.e., fear of severe bodily injury, counts.

Threats do not have to be in person or even verbal. The California law recognizes several delivery methods:

  • Oral–verbal threats in person or by telephone
  • Written—letters, notes, text messages, or emails
  • Electronic—social media, messaging apps, or voicemails
  • Nonverbal Conduct—Threatening gestures, stalking, displaying weapons, or unwanted repeated presence

In others, a pattern of behavior, for example, stalking, appearing uninvited, and making symbolic gestures, may establish the fear necessary to create a credible threat without using words.

Factors Courts Use to Evaluate Credibility

Since the threats may be ambiguous, sarcastic, or emotionally laden, the California courts examine the circumstances and how they were uttered to establish whether they passed the legal test of credibility.

Of importance are the following factors:

  • Communication Nature

The court will consider the threat's tone, language, and content. Was it implied or direct? Unconditional or conditional? Sarcasm, hyperbole, or offhand comments are less likely to be considered credible unless accompanied by threatening behavior.

  • Violence or Harassment History

In case the defendant has a history of domestic violence, stalking, harassment, or other threats, it will make the danger seem more serious and credible. A statement is more likely to be considered credible by a court when seen as part of a pattern of increasing behavior.

  • Victim’s Reaction

Considering how the victim viewed and reacted to the threat is essential. If they did not treat it as a joke, i.e., by calling the police, getting a restraining order, or changing their schedule, the court can assume that the threat created actual fear.

  • Specificity and Immediacy of the Threat

The more precise and imminent the threat, the more plausible it is. For example, “I am going to beat you up at work tomorrow” is much more serious than a general insult or expression of anger. The court also considers timing, when a threat is made, and immediately follows it with action, such as appearing at the victim's home. This strengthens the link between the threat and the subsequent act.

  • Witnesses Presence

If other individuals heard or witnessed the threat or noticed your actions afterward, their statements can prove or disprove the allegation. The threat that is said in secret is more difficult to prove, and the one that other people see may seem more deliberate and threatening.

What Counts as Serious Bodily Injury in California?

According to California Penal Code 243(f)(4), serious bodily injury (SBI) is any significant impairment of a person's physical condition. This is not only restricted to life-threatening injuries but also covers injuries that severely impair the body functions, appearance, or health of the victim.

This standard is further supported by Penal Code 417.6(a), which states that the threats of aggravated trespass must raise the likelihood of severe injury and not merely emotional or minor physical damage.

Courts and statutes have identified examples of serious bodily injury, including:

  • Bone Fractures—Fractured arms, legs, ribs, or other skeletal injuries
  • Concussions—A head injury that causes memory loss or cognitive impairment
  • Organ Loss or Dysfunction—Damage that causes the loss of a body part or impairment of organ functioning, for example, kidney damage or loss of sight.
  • Severe Disfigurement—Scarring, burns, or injuries that change appearance or physical integrity in a significant way

Bruises, scratches, or slight swelling generally do not count unless combined with more significant damage.

Where Must the Trespass Occur?

To elevate a trespass to aggravated trespass under California Penal Code 601, the unlawful entry must be in a particular place and within a limited time. The law differentiates between two fundamental situations depending on the destination of the defendant when they make a credible threat of serious bodily injury.

Access to a Residence or Adjacent Property

Under PC 601(a)(1), aggravated trespass is committed when the defendant enters the home or real property of the victim located next to the house, including the backyard, front porch, driveway, or garage, within 30 days after making a threat.

The key elements include:

  • The victim should reside at the place or the property must be contiguous to their home
  • The accused has to break in
  • The entry should be made to take action against the threat and not to do it for an innocent or legal purpose

An example is that you threaten to beat someone up and then turn up in their driveway a week later, uninvited and without any good reason to be there. You could be charged under this section.

Access to a Workplace to Find the Victim

Penal Code 601(a)(2) provides for instances where the defendant attacks the victim at their workplace. In this section, it is necessary that:

  • The defendant was aware or should have been aware that the property was the victim's place of work
  • The entry was made within 30 days of the threat
  • The intrusion was illegal and was done to find the victim
  • No legal purpose for being on the premises

Concisely, this law section is applicable when an individual actively pursues the victim in their workplace to execute a previous threat.

Penalties for Aggravated Trespass 

Penal Code 601 is a wobbler in California. This implies that the district attorney can charge it as a misdemeanor or a felony, depending on the case details. The repercussions are different in the two.

Penalties of Misdemeanor Aggravated Trespass

Should you be charged with a misdemeanor, you are subject to:

  • At most 1 year in county jail
  • A fine of not more than $2,000
  • Informal probation, usually lasting 1 to 3 years

Misdemeanor probation does not require that a probation officer supervise you. Nevertheless, you must follow the ordinary terms, including no additional arrests, remaining within the court jurisdiction, and anger management or counseling classes.

Penalties of Felony Aggravated Trespass

When charged as a felony, the punishment is much harsher:

  • 16 months, 2 years, or 3 years of county jail under California realignment law
  • A fine of not more than $10,000
  • Probation usually lasts 3-5 years under a probation officer’s supervision

What Affects the Charging Decision of the DA?

The difference between being charged with a misdemeanor and a felony depends on several factors. Prosecutors evaluate:

  • The type and intensity of the threat— Was the threat ambiguous or concrete? Did it involve physical injuries or threaten more severe harm?
  • The presence or use of a weapon—a weapon or a dangerous weapon, is more likely to result in a felony charge.
  • Effect on the victim—Emotional trauma, fear of family members, or interference with the life of the victim can move the charges to the felony side.
  • Your criminal record—your previous convictions, particularly those related to violence, intimidation, or trespass, will count against you.
  • Planning and intent—If you intentionally find the victim and are ready to execute the threat, the prosecution will probably seek a felony.

Immigration Consequences

A PC 601 conviction can be dangerous to your immigration status, especially when you are not a citizen of the United States.

  • Moral turpitude crimes (CIMT): Aggravated trespass is frequently a CIMT, particularly when there is an element of intent to intimidate or harm, which can result in a deportation proceeding or make you inadmissible to the U.S.
  • Aggravated felony: Aggravated trespass, when charged and convicted, can be considered an aggravated felony under federal law, which results in mandatory removal with few relief opportunities even to lawful permanent residents.

The immigration officials do not only consider the law but also the behavior, as stated in the court records. This is why it can be vital to avoid a felony finding or to seek a plea bargain on a non-deportable offense.

Firearm Restrictions

A conviction in California and under federal law may severely restrict your right to possess or own firearms.

  • A felony conviction results in a permanent prohibition on owning, buying, or possessing a firearm or ammunition.
  • Some misdemeanors, particularly those that are related to threats, violence, or domestic cases, may result in a 10-year firearm prohibition.

Breaking these prohibitions is another criminal act that may result in additional charges and incarceration.

Legal Defenses to Aggravated Trespass Charges

A skilled criminal defense lawyer can attack the prosecution with several effective legal defenses. The appropriate defense strategy is based on the circumstances of your case, but the following are the most common arguments presented in court:

No Serious Threat Issued

Aggravated trespass requires you to issue a credible threat of serious bodily injury. Unless the prosecution can demonstrate that your words or actions made the alleged victim reasonably fear that they were in danger and that you had the apparent means to execute the threat, the charge cannot survive. For example, angry statements, sarcastic statements, or jokes may not be specific or intended to be legally regarded as a credible threat.

Lack of Intent

Even when you uttered a threatening statement, the prosecution has to establish that you meant to cause the victim or his family to be in reasonable fear. If you did not intend to threaten or scare the individual and your words were misinterpreted, this defense will make the element of intent in the crime questionable.

Under PC 601, aggravated trespass not only demands a threat, but also an unlawful entry within 30 days, with the intent to carry out the threat. This defense is strong when you had a reason to be on the alleged victim's property, and it was not because of the threat.

For example, you could have visited the property to apologize, retrieve your items, or talk peacefully without any intention of causing harm to the individual. Your attorney can provide evidence of relations between you and the alleged victim, previous communications, or your emotional condition to prove that you did not act with malicious intent.

Lawful Reason for Entry

Your actions may not satisfy the trespass requirement if you had the right to be on the property, were legally permitted to enter the property, or believed you had the right to be on the property. The entry might have been wrong or misclassified by the supposed victim or police in some instances.

As an illustration, co-tenants, family members, or employees may have legal reasons to enter a property, despite the tension between the parties.

Find a Criminal Defense Lawyer Near Me

California law is stringent when threats of grievous bodily harm are coupled with unlawful entry. According to Penal Code 601, what might start as a verbal dispute or a heated argument can all too easily become a felony with lifelong implications like jail, immigration, loss of gun rights, and a criminal record.

You must move quickly when charged with aggravated trespass or when under investigation. The first step in building a solid defense is to find an experienced attorney who can attack the credibility of threats and the evidence of intent, negotiate for reduced charges, or seek to dismiss charges where feasible.

At California Criminal Lawyer Group, our lawyers have extensive experience defending clients in San Jose against aggravated trespass and threat-related crimes. We will thoroughly evaluate your case, clarify your legal rights, protect you, and defend you to the best of our ability. To discuss your case with an experienced criminal defense attorney, call us at 408-622-0204.