Last Updated on September 24, 2026 by Justin E. Sterling
Aggravated trespass under California Penal Code § 601 is a wobbler offense, meaning it may be prosecuted as either a misdemeanor or felony, depending on the circumstances. Because a felony conviction can carry more severe penalties, it’s crucial for people charged with aggravated trespass to consult an experienced criminal defense lawyer who can review the allegations, weigh the evidence, and advocate for their best interests with prosecutors.
If you have been charged with or are under investigation for aggravated trespass in the Los Angeles area, reach out to the Law Offices of Justin E. Sterling today. Firm founder Justin E. Sterling has more than 20 years of experience representing clients in criminal cases involving aggravated trespass and related offenses such as trespass, criminal threats, burglary, and stalking. To date, he has tried over 100 jury cases to verdict in state and federal courts.
Justin E. Sterling is rated 10.0 on Avvo, the platform’s highest rating, based on factors including experience, peer recognition, and professional conduct. He has also been named as one of Southern California’s Top-Rated Lawyers by Los Angeles Magazine and is a member of The National Trial Lawyers Top 100.
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What Is California Penal Code Section 601 PC?
California PC 601 defines aggravated trespass as threatening to injure a person and then unlawfully entering their home or workplace within 30 days of making the threat with the intent to carry it out. Under the law, the defendant must make a credible threat that puts the victim in “reasonable fear” for their safety or their family’s safety.
Key Elements of PC 601 Aggravated Trespass
To secure a conviction, the state must prove each element of an aggravated trespass charge beyond a reasonable doubt. Under California PC § 1096, reasonable doubt is more than just possible doubt. It exists when, after jurors review all the evidence, they cannot reach a lasting belief that a defendant is guilty.
The elements of the aggravated trespass statute include:
- Making a credible threat to cause serious bodily injury
- Making the threat with the intent to place a person in fear for their or their immediate family’s safety
- Unlawfully entering the residence, property, or the threatened person’s workplace within 30 days of the threat
- Entering that property with the intent to carry out the threat and, in workplace cases, making an effort to locate the person threatened
Difference Between PC 601 and PC 602 (Simple Trespass)
PC 601 covers aggravated criminal trespass, while Penal Code § 602 is California’s general trespassing law, sometimes referred to as simple trespass.
Simple trespass differs from aggravated trespass because it does not require a credible threat of serious bodily injury, followed by unlawfully entering property within 30 days of making the threat with the intent to carry it out. Instead, the statute generally covers entering private or restricted property without permission or refusing to leave.
A person may commit simple trespass by:
- Entering, driving, or remaining unlawfully on someone else’s property
- Refusing to leave once asked by an owner, occupant, or law enforcement officer
- Entering a property with the intent to interfere with an occupant’s lawful business
- Opening, damaging, or tearing property such as fences and gates
- Refusing to leave certain public or private properties after a lawful request to do so
- Knowingly entering certain restricted areas without authorization (e.g., airport security, maternity units, domestic violence shelters, courthouses or government buildings, etc.)
Penalties for Violating PC 601
Penalties for PC 601 violations depend on whether prosecutors charge it as a misdemeanor or felony.
For misdemeanor aggravated trespass, a conviction could result in:
- Up to one year of jail time
- Fine of up to $ 2,000
- Both a fine and imprisonment
For a felony trespass conviction, defendants face:
- Up to three years in county jail
- Fine of up to $10,000
Under California law, convicted offenders with qualifying prior convictions may be required to serve their sentences in state prison rather than county jail.
Legal Defenses to Aggravated Trespass Charges
A person charged with aggravated trespass in California may have various defenses against the state’s case. Some of the most common strategies used to fight aggravated trespass charges include:
- Lack of intent: An aggravated trespass charge requires the prosecution to prove that a defendant intended to cause the alleged victim to fear for their or their family’s safety, or intended to carry out such a threat, when entering the person’s property or workplace. A defendant may argue that the state failed to prove they acted with that intent.
- No credible threat: Defendants facing aggravated trespass charges may argue that they never made a credible threat.
- No unlawful entry: A defendant may also argue that they did not unlawfully enter the threatened person’s residence or that they entered a property or business for a lawful purpose.
An experienced aggravated trespass attorney can identify the defense strategy that fits your case and argue for the best possible outcome.
Why PC 601 Charges Should Be Taken Seriously
An aggravated trespass conviction can have long-term consequences beyond jail time, fines, and probation, such as:
- Loss of gun rights
- Civil proceedings that lead to the issuance of protective orders
- A criminal record
- Deportation (in specific circumstances)
The stigma of a felony record can make it challenging to pursue employment, licensing, or housing opportunities.
Contact Our California Criminal Defense Attorneys for a Free Case Review
Defending yourself against aggravated trespass charges requires a strong legal argument and supporting evidence. The Law Offices of Justin E. Sterling takes a personalized approach to every case. Unlike large law firms, our solo practice maintains an intentionally low caseload. This approach allows Justin E. Sterling to build tailored defenses and communicate responsively with each client during such high-stakes times.
Here’s what past clients have to say about their experience with our firm:
“Justin made a huge difference in my case. From the start, he guided me through everything and broke things down in a way that was easy to understand during a really stressful time. He came up with smart, effective strategies with his knowledge of the law and clearly has strong connections in the field. Justin was always focused on getting the best outcome for me. I’m really grateful to have had him in my corner!”
— Jesse De La Torre
For help with your aggravated trespass charges, contact the Law Offices of Justin E. Sterling today for a free, no-obligation consultation with a California criminal defense lawyer.