Trespassing (Penal Code 602) and Aggravated Trespass (PC 601)

Penal Code 602 is one of the longest sections in the code — dozens of subdivisions covering different kinds of unlawful entry and refusal to leave. Most of it is low-level. The exception that matters is a different statute: aggravated trespass under PC 601.

The two statutes

How ordinary trespass usually ends

With a citation. A PC 602 misdemeanour defaults to release on a notice to appear under Penal Code 853.6 — see cite and release. Where the circumstances look like a burglary instead, the charge may be burglary, which is treated far more seriously because it involves entry with intent to commit a theft or felony.

When it becomes a real bail question

• Aggravated trespass under PC 601 charged as a felony.
• A protective order the entry breached — see violating a court order.
• Accompanying threats — see criminal threats and stalking.
• A warrant or hold found at booking — see holds and multiple cases.

Working out the amount, and what can change it

The figure comes from the countywide schedule that Penal Code 1269b requires each county’s judges to adopt and revise annually — which is why Orange and Los Angeles County can attach different numbers to identical conduct. A judge may raise bail under Penal Code 1269c, a hearing may be required in serious cases under 1270.1, and under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention.

Where they are, and where the case is heard

Which facility is holding the person decides how much time you actually have — a Temporary Holding facility must move someone within 24 hours, while a Type I city jail may hold an adult up to 96 hours excluding holidays. See what the classifications mean, our Orange County and Los Angeles County jail guides, and find an inmate. Neither county’s Superior Court publishes a city-by-city criminal assignment table, so the release paperwork governs the court date — see release paperwork.

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.

---

Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing on this page is legal advice, and we cannot predict how any case will be charged or resolved. Charging decisions are made by the prosecutor, and bail schedules are revised annually. California bail license 1841014.