Is Trespassing a Felony in California?
California law treats trespassing as a serious offense, with consequences ranging from misdemeanors to felonies. In this article, we will explore the different types of trespassing, the penalties, and the circumstances that may lead to a felony conviction.
What is Trespassing in California?
Trespassing is the act of entering or remaining on another person’s property without permission. California Penal Code section 602 defines trespassing as:
- Entering any lands, houses, or buildings, without lawful authority, and with the intention of committing an offense or any felony.
- Remaining in any lands, houses, or buildings, without the permission of the owner, lessee, or authorized person, and with the intention of committing an offense or any felony.
Types of Trespassing in California
California law distinguishes between three types of trespassing:
Simple Trespassing: This is the most common type of trespassing, which involves entering or remaining on another person’s property without permission. (Penal Code section 602(a))
Trespassing on Posted Property: This type of trespassing involves entering or remaining on property that is clearly marked as private or restricted. (Penal Code section 602(b))
- Trespassing with Intent to Commit a Felony: This type of trespassing involves entering or remaining on property with the intent to commit a felony. (Penal Code section 602(c))
Penalties for Trespassing in California
The penalties for trespassing in California vary depending on the type of trespassing and the circumstances of the case. Here are the general penalties for each type of trespassing:
- Simple Trespassing: A misdemeanor punishable by up to 90 days in jail and a fine of up to $500. (Penal Code section 602(a))
- Trespassing on Posted Property: A misdemeanor punishable by up to 90 days in jail and a fine of up to $500. (Penal Code section 602(b))
- Trespassing with Intent to Commit a Felony: A felony punishable by 16 months, 2 years, or 3 years in state prison. (Penal Code section 602(c))
When is Trespassing a Felony in California?
Trespassing is a felony in California when it is committed with the intent to commit a felony. This means that if a person enters or remains on property with the intent to commit a felony, such as burglary, robbery, or sexual assault, they can be charged with felony trespassing.
Here are some examples of when trespassing may be considered a felony:
- Entering a home with the intent to commit a burglary
- Entering a business with the intent to commit a robbery
- Entering a park with the intent to commit a sexual assault
Table: Felony Trespassing in California
| Type of Felony | Penalty |
|---|---|
| 16 months, 2 years, or 3 years in state prison | |
| 1 year in county jail, and a fine of up to $10,000 | |
| 2 years in state prison, and a fine of up to $10,000 |
Defenses to Trespassing Charges in California
While trespassing is a serious offense, there are several defenses that may be available to individuals accused of trespassing. Some of these defenses include:
- Lack of Intent: If the person accused of trespassing did not intend to commit a felony, they may not be guilty of felony trespassing.
- Legal Authority: If the person accused of trespassing had legal authority to be on the property, they may not be guilty of trespassing.
- Self-Defense: If the person accused of trespassing was on the property to defend themselves or others from harm, they may not be guilty of trespassing.
Conclusion
Trespassing is a serious offense in California, with penalties ranging from misdemeanors to felonies. While simple trespassing is typically a misdemeanor, trespassing with intent to commit a felony is a more serious offense that can result in felony charges. Understanding the different types of trespassing and the penalties for each can help individuals protect their rights and avoid criminal charges.
