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CA Penal Code 601: Felony Trespass

CA Penal Code 601 Felony Trespass of Property

California takes trespass of property seriously. That is, entering onto someone else's real estate and its' structures, such as homes, barns, garages, sculptures and other fixtures. Without permission. And intent to damage said property. There may be both criminal and civil charges filed. With stiff penalties. Recently, a pop star in LA was fined $80,00 for egging his neighbor's house. These crimes are often called “aggravated” felony trespass, because they typically accompany other felonies, such as graffiti, burglary and more.

CA Penal Code 601 Prosecution Requirements

CA Penal Code 601 is succinct. The prosecution requirements are the same as those for CA Penal Code 602 misdemeanor trespass, misdemeanor federal trespass and felony federal trespass. The charge depends on the defendant's actions, circumstances and criminal history. To be prosecuted, she or he must have undertaken these 4 behaviors.


  1. Credible threat: Make a believable threat to cause serious bodily injury to someone else. Can be made orally, in writing or through electronic communication (Cybercrime).

  2. Intent: Deliberately mean to place the victim in reasonable fear of their own safety or safety of their family.

  3. Time and Location: Within 30 days of the threat, unlawfully enter victim's residence, property or workplace with intent to commit to carry out threat.

  4. Violence: Try to or actually carry out the threat.


Penalties

When aggravated trespass ends up a felony conviction the penalties may include jail or prison time time up to 16 months, 22 months or 3 years, a $10,000 fine, possibility of parole and up to 2 years felony probation. Plus attorneys fees and civil judgments awarded by the state superior court.

Criminal Offenses Related to California Penal Code 601 Felony Trespassing

Here are some related crimes and penal codes that also involve felony trespass.


  • Graffiti: CA Penal Code Section 594.

  • Domestic Battery: CA Penal Code Section 243(e)(1).

  • Corporal Injury to Spouse: CA Penal Code Section 273.5.

  • Criminal Threats: CA Penal Code Section 422.

  • Burglary: CA Penal Code Section 459.

  • Vandalism: CA Penal Code Section 594.

  • Stalking: CA Penal Code Section 646.9.


In LA County aggravated felony trespass is often filed in connection with domestic violence or stalking,

Now Accepting New Clients

Jeffery K. Rubenstein is a criminal defense attorney in Beverly Hills CA. He has successfully defended clients all over Southern California against trespass and related crimes. Especially juvenile defendants. A law, professor he has lectured extensively on constitutional law, federal criminal law, California criminal law, domestic violence, stalking and cybercrimes Jeffery K. Rubenstein is now accepting new clients.

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