Penal Code 601 PC - Aggravated Trespass in California
California Penal Code 601 PC is the law that defines aggravated felony trespass as threatening to injure somebody and then entering their home or workplace without permission within 30 days of making the threat.
This crime is the more serious misdemeanor trespass defined under Penal Code 602 PC and is often related to domestic violence. You can also be charged with a crime for making a credible threat to harm another person, as defined under California Penal Code 422 PC.
The entire text PC 601 says, "(a) Any person is guilty of trespass who makes a credible threat to cause serious bodily injury, as defined in subdivision (a) of Section 417.6, to another person with the intent to place that other person in reasonable fear for his or her safety, or the safety of his or her immediate family, as defined in subdivision (l) of Section 646.9, and who does any of the following:
(1) Within 30 days of the threat, unlawfully enter into the residence or real property contiguous to the residence of the person threatened without lawful purpose and with the intent to execute the threat against the target of the threat.
(2) Within 30 days of the threat, knowing that the place is the threatened person's workplace, unlawfully enters into the workplace of the person threatened and carries out an act or acts to locate the threatened person within the workplace premises without lawful purpose, and with the intent to execute the threat against the target of the threat.
(b) Subdivision (a) shall not apply if the residence, real property, or workplace described in paragraph (1) or (2) that is entered is the residence, real property, or workplace of the person making the threat.
(c) This section shall not apply to any person engaged in labor union activities permitted to be carried out on the property by the California Agricultural Labor Relations Act, Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code, or by the National Labor Relations Act.
(d) A violation of this section shall be punishable by imprisonment under subdivision (h) of Section 1170, imprisonment in a county jail not exceeding one year, a fine not exceeding two thousand dollars ($2,000), or both that fine and imprisonment."
Aggravated Trespassing - Quick Facts
- If you make a credible threat to another person and then enter their home or workplace to carry out the threat, you can be charged with the PC 601 aggravated trespass.
- A credible threat is one you seem to have the ability to carry out that puts the victim in reasonable fear for their safety or that of their family.
- A credible threat may be made orally, in writing, or electronically.
- An immediate family member means a spouse, child, brother, sister, parent, grandparent, grandchild, and anybody who regularly lives in the home.
- Reasonable fear is the fear the average person would reasonably experience if placed in a similar situation.
- Serious bodily injury is an injury that could cause significant impairment, like a concussion, loss of consciousness, broken bones, disfigurement, a serious wound, etc.
- Depending on the circumstances, you could face up to three years in jail if convicted.
- The district attorney must prove several factors called the "elements of the crime" to convict you.
- It must be proven that you made a credible threat to cause serious bodily injury to someone with the intent to place them in reasonable fear for their safety or their family.
What Must be Proven for a PC 601 Conviction?
Simple trespassing is entering or remaining on somebody's property without permission. Aggravated trespassing means making a "credible threat" against someone or their immediate family to inflict "serious bodily injury" and then entering their home or workplace to execute that threat.
To convict you of this PC 601, the prosecutor must prove all the elements of the crime beyond a reasonable doubt, including the following:
- You made a "credible threat" against somebody to cause serious bodily injury against them or their immediate family.
- You threatened to place the other person in "reasonable fear" for their safety or that of their family.
- Within 30 days of making the threat, you either entered the threatened person's residence without lawful purpose with the intent of carrying out the threat OR
- You entered their workplace unlawfully, knowing it was where they worked, and took steps to try to locate the person to carry out the threat.
Notably, you do not have to carry out the threat to be charged with this crime. The district attorney must show you intended to carry out the threat when you trespassed.
Suppose someone gets into a fight with his girlfriend and tells her he is going to "shoot her in the head." A week later, he shows up at her apartment with a loaded gun, looking for her. In that case, he can be charged with PC 601 aggravated trespass.
What are Related Crimes?
Several California laws are related to Penal Code 601 aggravated trespassing, such as the following:
- Penal Code 602 PC - trespassing. This law prohibits crimes known as criminal trespassing. You commit this crime when you enter or remain on someone's property without permission or a right to be there. In most cases, trespassing is a misdemeanor punishable by up to six months in county jail and a fine of up to $1,000.
- Penal Code 422 PC - criminal threats. This law defines criminal threats as when you threaten to kill or physically harm someone, and they are placed in a state of reasonably sustained fear for their safety or the safety of their immediate family. The threat must be specific and unequivocal, and you must communicate the threat verbally, in writing, or via an electronic device.
- Penal Code 459 PC - burglary. This crime occurs when you enter any residential or commercial building or room with the intent to commit a felony or theft once inside. You commit burglary merely by entering the structure with the requisite criminal intent, even if the intended felony or theft is never completed. California burglary law is divided into first-degree burglary and second-degree burglary.
What Are the PC 601 Penalties?
Aggravated trespass is a "wobbler" in California, meaning the district attorney can file the charge as either a misdemeanor or a felony, depending on the circumstances. The punishments include the following:
- For misdemeanor aggravated trespass, you can be sentenced to up to one year in county jail and a fine of up to $1,000.
- For felony aggravated trespass, you can be sentenced to up to three years in county jail (not state prison) and a fine of up to $10,000.
- The judge can impose summary probation for misdemeanors or formal probation for felonies instead of jail time.
- A conviction for felony trespassing, whether a misdemeanor or a felony, might affect your gun rights.
- A conviction could lead to a non-citizen being deported and possibly make an inadmissible.
What Are the PC 601 Defenses?
Depending on the facts of your case, our California criminal defense attorneys might be able to use several strategies on your behalf, as discussed below.
We can argue that you made no credible threat. Perhaps you threatened something you do not have the physical ability to carry out, or perhaps the threat was a joke.
Maybe we can argue that you had no intent to cause reasonable fear. If the alleged victim had a reasonable fear that you would carry out the threat, you did not mean to convey that fear. Perhaps you trespassed at someone's home or workplace, but it wasn't to injure them.
Maybe we can negotiate with the prosecutor for reduced charges or persuade them not to file formal criminal charges (DA reject). Contact our California criminal defense law firm, The Hedding Law Firm, for more information.
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