Aggravated Trespass In California: PC 601
AGGRAVATED TRESPASS
What is an Aggravated Trespass?
Aggravated Trespass is defined under PC 601. An Aggravated Trespass occurs after first making a Criminal Threat, read more about Criminal Threats here. PC 601 prohibits you from following up making a criminal threat with then entering someone’s home or place of work without permission to carry out the threat. Because of the previous threat, these charges are considered more serious than a regular trespass charge.
Is an Aggravated Trespass a misdemeanor or a felony?
As a “wobbler”, this offense can be charged as either a misdemeanor or a felony. The more serious the conduct, the more likely it is to be charged as a felony.
How soon after the threat must the trespass occur to be an Aggravated Trespass?
Under PC 601, the trespass must occur within 30 days of the Criminal Threat being made to prove an Aggravated Trespass.
WHAT ARE THE POTENTIAL PUNISHMENTS FOR A CONVICTION FOR AGGRAVATED TRESPASS?
Jail or Prison Time
As a misdemeanor, an Aggravated Trespass is punishable by up to one year of jail time; but as a felony it is potentially punishable by multiple years of prison time.
Mandatory Consequences of a Domestic Violence Conviction:
Criminal Threats are often charged as a crime of domestic violence, so if convicted you may be subject to the mandatory conditions of a domestic violence offense. You can read more about crimes of domestic violence and those conditions here. Those mandatory conditions include: community service, probation, fines, domestic violence classes, a protective order, and a loss of your firearms rights.
