In California, only the District Attorney can file a criminal trespassing charge, so what you’re really asking when you look up how to charge someone with trespassing in California is how to build a case the DA will take. That means proving the person knew they weren’t welcome, documenting what happened, and handing police a report with enough evidence to act on. Most trespass under Penal Code 602 is a misdemeanor punishable by up to six months in county jail and a $1,000 fine, while lighter forms are infractions starting at a $75 fine.
Who Actually Files the Charge
You do not file the charge. Law enforcement investigates, writes a report, and sends it to the local District Attorney’s office, which decides whether to prosecute. The DA has complete discretion and weighs the strength of the evidence, whether notice was properly given, and whether the case is worth the office’s resources. Your job is upstream of that decision: give officers a clean, organized file so the report that lands on a prosecutor’s desk is one they can run with.
A quick word on which law applies, because telling the officer the right subdivision matters. Penal Code 602 lists over a dozen specific acts that count as criminal trespass. The ones property owners deal with most often are refusing to leave after being asked (subdivision (o)), entering posted land (subdivision (h)), entering or occupying property without consent (subdivision (m)), and driving a vehicle onto private land without consent (subdivision (n)).1California Legislative Information. California Penal Code 602 – Trespassing Penal Code 602.8 covers a lighter version, entering cultivated or fenced land, or land posted with signs, without written permission; that one is an infraction with a $75 first-offense fine.2California Legislative Information. California Penal Code 602.8 Entry into an occupied home is more serious; Penal Code 602.5(b) makes aggravated trespass into an occupied dwelling punishable by up to one year in county jail.3California Legislative Information. California Penal Code 602.5 – Unauthorized Entry of Dwelling
Make Sure the Person Was on Notice
Cases fall apart most often here. The property owner assumed the trespasser “should have known” they weren’t welcome, but never actually told them. For most types of trespass, the prosecution has to show the person knew they weren’t allowed on the property.
Verbal and Written Warnings
The simplest approach is telling the person directly to leave and not come back. That satisfies subdivision (o) of Penal Code 602. A verbal warning is legally sufficient, but proving it happened later is the hard part. Give the warning in front of a witness when you can, and follow up in writing.
A no-trespass letter sent by certified mail creates a paper trail: you keep a copy and you have proof of delivery. Watch the renewal clock. Under subdivision (o), if your property is not posted with signs, a no-trespass letter must be renewed every 30 days to stay enforceable. If signs are posted, that extends to 12 months.1California Legislative Information. California Penal Code 602 – Trespassing Miss the renewal and your notice goes stale.
Email and text work as notice too; the law doesn’t require any particular format. The weakness is proving the person actually received the message, which is why certified mail or an in-person warning with a witness is more reliable when you expect to need the evidence later.
Posted Signs
For larger parcels, signs are the standard notice. Penal Code 602 requires signs at intervals of no fewer than three per mile along all exterior boundaries, and at every road and trail entering the land.1California Legislative Information. California Penal Code 602 – Trespassing Use clear wording like “No Trespassing” and make them visible. Photograph the signs after you install them and again before you file any report, so you can document their condition on the relevant date.
Build Your Evidence File
Prepare this before you call the police, assuming it isn’t an emergency. The quality of your file is what moves a report from the queue to the DA.
Start a chronological log of every incident. For each entry, note the date, time, what the person did, how long they stayed, and a physical description: height, build, clothing, any vehicle make, model, color, and plate. Include the person’s name if you know it.
Photos and video are your strongest material. Capture the trespasser on your property if you can do so safely, and photograph any damage. Timestamped footage from a continuously recording security camera is especially hard to dispute. Also keep proof you gave notice: the certified mail receipt, a screenshot of a text, or the names of people who saw you tell the person to leave. Witnesses to the trespass itself are gold; get their contact information at the time, not later.
Call the Police and Hand Them a Case
If someone is on your property right now and you feel threatened, call 911. For an incident that already ended, use your local department’s non-emergency line. Tell the dispatcher you’re reporting a criminal trespass and give your address.
When officers arrive, walk them through your file. Give them copies of the incident log, show them the photos, and explain exactly how and when you provided notice. Name the subdivision of Penal Code 602 you believe fits. “This person refused to leave after I asked twice, and here is the witness who saw it” gives an officer a concrete legal hook. “Someone keeps hanging around” does not.
Do not try to detain the trespasser yourself. California allows a private person to arrest someone for a public offense committed in their presence, but a citizen’s arrest for misdemeanor trespass carries real risk.4California Legislative Information. California Penal Code 837 – Arrest by Private Person Misjudge the situation or use too much force and you can end up facing charges yourself. Let the officers handle any physical confrontation.
What the DA Does With It
The responding officers write an official report based on your evidence and their observations. If the trespasser is still present and the evidence supports it, they may arrest at the scene. Otherwise, the report is submitted for review and routed to the District Attorney’s office.
From there the DA decides. A documented pattern of repeated incidents, corroborating witnesses, and a clear record of notice all improve the odds. You can’t force a prosecution, but you can make declining one harder to justify. If the DA files charges, your role shifts to witness: you may be asked for more information, meet with a prosecutor, or testify. Cases take months, so keep your file intact and stay responsive.
Penalties the Person Could Face
The penalty depends on which type of trespass is charged.
- Standard misdemeanor trespass under most of Penal Code 602: up to six months in county jail, a fine up to $1,000, or both.5California Legislative Information. California Penal Code 19 – Punishment for Misdemeanor
- Infraction trespass under Penal Code 602.8: $75 for a first offense, $250 for a second on the same land.2California Legislative Information. California Penal Code 602.8
- Unauthorized entry of an occupied dwelling under Penal Code 602.5(b): up to one year in county jail, a fine up to $1,000, or both, with a possible court-issued restraining order lasting up to three years.3California Legislative Information. California Penal Code 602.5 – Unauthorized Entry of Dwelling
- Aggravated trespass after a credible threat under Penal Code 601: can be charged as either a misdemeanor or a felony. The prosecution has to show the defendant made a credible threat to cause serious physical harm with intent to cause fear, and then went to the victim’s home or workplace within 30 days. If someone has threatened you and then shown up, make that threat the centerpiece of your report.6Justia. CALCRIM No. 2929 – Trespass After Making Credible Threat
If the DA Won’t Prosecute
A declined case isn’t the end. You can sue the trespasser in civil court for monetary damages regardless of what the DA does, and you can recover compensatory damages for property damage, lost income, or other measurable harm. California courts can also award nominal damages for the violation of your property rights alone, and intentional trespass motivated by malice or reckless disregard can support punitive damages on top. Filing fees vary by the amount claimed, so check your local superior court’s fee schedule.
A civil harassment restraining order under Code of Civil Procedure 527.6 is worth considering when someone keeps coming back despite warnings. You’d need to show a pattern of conduct that seriously alarms or harasses you and serves no legitimate purpose. Once the order is in place, any return to your property becomes a separate criminal violation, which gives officers a stronger tool than another trespass call.
When the trespass is ongoing and likely to continue, a court can issue an injunction ordering the person to stay off your property. You’ll need to show the trespass occurred, that damages alone won’t fix the problem, and that recurrence is likely. Violating the injunction is contempt of court.
A Word on Removing Them Yourself
California lets you ask a trespasser to leave and, if they refuse, use reasonable force to remove them. Reasonable means the minimum necessary under the circumstances. Steering someone toward the door is a different legal situation from striking them or drawing a weapon.
Deadly force is never justified by trespass alone. You cannot shoot someone for walking across your land or standing on your porch. Deadly force becomes defensible only when the person poses an imminent threat of death or serious physical harm, and at that point you’re acting in self-defense, not defense of property. Penal Code 198.5, California’s Castle Doctrine, creates a presumption of reasonable fear of imminent death or great bodily injury when someone unlawfully and forcibly enters your occupied home.7California Legislative Information. California Penal Code 198.5 – Use of Deadly Force in Residence The word “forcibly” matters. Wandering through an open gate is not forcible entry. Kicking in a door at 2 a.m. is. The doctrine does not cover every uninvited person on your property.