Under California Penal Code 601, aggravated trespass is the crime of making a credible threat to cause serious bodily injury to another person and then, within 30 days, entering that person’s home or workplace with the intent to carry the threat out. It is a wobbler, meaning the district attorney can file it as a misdemeanor or a felony depending on the facts and the defendant’s record. The charge is more serious than ordinary trespass because it combines a threat of violence with a purposeful intrusion into the victim’s personal space.
What the Prosecution Must Prove
A conviction requires the prosecution to establish every element beyond a reasonable doubt. The statute lays out a specific chain of conduct, and missing any link breaks the case.
- A credible threat to cause serious bodily injury to another person, made with the intent to place that person in reasonable fear for their safety or the safety of their immediate family.
- An unlawful entry onto the victim’s residence (and surrounding property) or workplace within 30 days of the threat.
- An intent, at the time of entry, to carry out the threat.
That last element is where many cases are won or lost. Walking onto someone’s property by accident, or even showing up to apologize, does not satisfy the intent requirement. The prosecution needs evidence that the defendant entered specifically to follow through on the threatened harm.1California Legislative Information. California Code Penal Code 601 – Trespass
What Counts as a Credible Threat
The threat at the heart of this charge has to involve serious bodily injury. California defines that term through Penal Code 417.6 as a serious impairment of physical condition, including bone fractures, loss of consciousness, concussions, protracted loss of function in a body part or organ, wounds requiring extensive stitching, and serious disfigurement.2California Legislative Information. California Code Penal Code 417.6 A vague remark like “you’ll regret this” probably does not qualify. A specific promise to break someone’s jaw likely does.
The threat does not have to arrive in any particular form. Spoken words, written notes, text messages, and emails can all count. What matters is whether the person making the threat intended to put the recipient in reasonable fear, and whether a reasonable person in the victim’s position would have felt that fear. The standard is objective. The defendant does not need the immediate ability to carry out the threat at the moment it is made; someone who texts a credible threat from across the country can still meet the standard if the surrounding circumstances make it believable.
Where the Statute Applies
Penal Code 601 does not apply just anywhere. It covers two categories of locations tied to the victim’s daily life, and the rules differ between them.
The Victim’s Home and Surrounding Property
Subdivision (a)(1) covers the residence itself along with any real property immediately adjacent to it: the yard, driveway, garage, and other areas directly surrounding the dwelling. The defendant must enter this zone unlawfully, without permission or legitimate purpose, while intending to follow through on the earlier threat.1California Legislative Information. California Code Penal Code 601 – Trespass
The Victim’s Workplace
Subdivision (a)(2) covers workplace intrusions, with an added element that does not exist for residential entries. The defendant must enter the workplace knowing the victim works there and must take active steps to locate the victim inside the premises. Simply walking into a large office building is not enough. Prosecutors would need to show the defendant was searching for the victim, asking where they sat, or otherwise hunting them down within the building.1California Legislative Information. California Code Penal Code 601 – Trespass That extra requirement makes workplace cases harder to prove than residential ones.
Who the Statute Does Not Reach
Two situations fall outside Penal Code 601 even when the general elements line up. You cannot be charged for entering your own home or your own workplace, so a roommate or coworker who made a threat is not guilty of aggravated trespass simply for being in a place they have the right to be, though other charges may apply. The statute also exempts people engaged in labor union activities that are legally permitted on the property under the California Agricultural Labor Relations Act or the National Labor Relations Act.1California Legislative Information. California Code Penal Code 601 – Trespass
Penalties
Because aggravated trespass is a wobbler, the filing decision usually turns on the severity of the threat, how close the defendant came to carrying it out, and prior criminal history.
Misdemeanor
A misdemeanor conviction carries up to one year in county jail and a fine of up to $2,000. The court may impose summary (informal) probation in place of or in addition to jail time.1California Legislative Information. California Code Penal Code 601 – Trespass
Felony
Charged as a felony, the sentence becomes 16 months, two years, or three years in county jail under California’s realignment framework.3California Legislative Information. California Code Penal Code PEN 1170 Because the statute itself caps the fine at $2,000, Penal Code 672 allows the court to impose a fine of up to $10,000 for the felony version.4California Legislative Information. California Code PEN 672 Formal probation with regular check-ins and court-imposed conditions is common.
What Pushes a Sentence Up or Down
Judges weigh aggravating and mitigating factors. Prior convictions, use of a weapon, and a particularly vulnerable victim push toward harsher punishment. A clean record, mental health issues, provocation by the victim, and genuine remorse push the other way.
Consequences Beyond the Sentence
A conviction brings fallout the statute itself does not spell out.
Firearm Prohibition
Any California felony conviction permanently bars a person from owning, purchasing, or possessing firearms under Penal Code 29800, whether or not the underlying crime was violent.5California Legislative Information. California Code PEN 29800 Violating the ban is itself a separate felony.
Employment and Professional Licensing
A felony on a background check can disqualify applicants from jobs in education, healthcare, law enforcement, and other work involving vulnerable populations. State licensing boards for nursing, law, real estate, and similar professions evaluate felony convictions to decide whether the crime relates directly to the work. A conviction does not always mean automatic denial, but applicants usually face additional scrutiny, hearings, and possible restrictions on the license.
Common Defenses
Because the offense requires specific intent at multiple stages, defense attorneys have several angles to work with.
- No intent to carry out the threat. If the defendant entered the location for an unrelated reason, the intent element fails. Someone who shows up at a former coworker’s office building for a job interview, not to confront the person they previously argued with, has not committed this offense.
- The threat was not credible. An offhand remark during a heated argument that no reasonable person would take literally may not rise to the level of a credible threat of serious bodily injury.
- The 30-day window had expired. If the entry occurred more than 30 days after the threat, this specific charge does not apply, though other charges might.
- The defendant entered their own home or workplace. The statutory exemption in subdivision (b) is an absolute defense when the property belongs to the person accused.1California Legislative Information. California Code Penal Code 601 – Trespass
- Necessity. In rare cases, a defendant may argue they entered to prevent a greater harm, such as a medical emergency. This defense requires showing there was no realistic alternative and that the harm avoided outweighed the trespass.
- Mistake of fact. If the defendant genuinely and reasonably believed they had permission to be on the property, or did not know the location was the threatened person’s home or workplace, the knowledge and intent elements may be undermined.
How PC 601 Differs From Related Charges
Simple Trespass (Penal Code 602)
Ordinary trespass under Penal Code 602 covers entering or remaining on someone else’s property without permission. It does not require a prior threat and is generally a misdemeanor with lighter penalties.6California Legislative Information. California Code PEN 602 If the prosecution cannot prove the threat element or the 30-day timeline, an aggravated trespass case may drop to a Penal Code 602 charge.
Criminal Threats (Penal Code 422)
Penal Code 422 criminalizes the threat itself without requiring any later entry onto property. Someone who threatens to kill or seriously injure another person, intending the statement to be taken as a threat, can be convicted even if they never go near the victim. Like Penal Code 601, it is a wobbler.7California Legislative Information. California Code Penal Code 422 Prosecutors sometimes file both charges from the same course of conduct.
Clearing the Conviction Later
A Penal Code 601 conviction can be expunged. Under Penal Code 1203.4, a person who has completed probation may petition the court to withdraw the guilty plea and have the case dismissed, and the relief applies to both misdemeanor and felony convictions under this statute. Eligibility requires that probation is finished, that the person is not currently serving a sentence or facing new charges, and that a petition is filed.8California Legislative Information. California Code Penal Code PEN 1203.4 Expungement releases the person from most penalties and disabilities of the conviction, but it does not restore firearm rights lost because of a felony.