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Penal Code 602 has dozens of subsections. This is not a charge to navigate alone.
Penal Code 602 is one of the longest statutes in the California criminal code. It covers dozens of distinct types of trespass. Each subsection has its own elements and its own defenses. The most common ones I see in San Francisco:
PC 602(o) — Refusing to Leave Private Property. The most common version. You stayed somewhere after the owner or their agent asked you to leave. Misdemeanor.
PC 602(m) — Occupying Property Without Consent. Entering and staying on someone else’s land. Misdemeanor.
PC 602(l) — Entering Locked or Posted Land. A locked gate, a fence, or a clearly posted “No Trespassing” sign. Misdemeanor.
PC 602(q) — Refusing to Leave a Public Building. Most often charged on hospitals, government offices, and university buildings during the hours the building is regularly closed to the public. Misdemeanor.
PC 602.1 — Interfering with a Business. A separate statute. Disrupting a business and refusing to leave when asked. Misdemeanor.
The common PC 602 subsections carry up to six months in county jail and a $1,000 fine. PC 602.1 is the exception, capped at 90 days in county jail and/or a $400 fine. The exact subsection on the citation matters — each one has its own elements the prosecution has to prove and its own gaps in proof to attack.
For most PC 602 subsections, the elements are:
Every one of those elements is something the prosecution can fail to prove. They often do.
Not everyone who tells you to leave has the legal right to. A random employee. A bystander. Even a security guard at a public building. The person making the demand has to be the owner, a documented agent, or a peace officer. If the wrong person made the demand, the case fails.
A customer of a store. A guest of a tenant. A patient at a hospital. A user of a public space during open hours. The prosecution has to prove the property was actually closed to you — not just that someone preferred you weren’t there.
Trespass charges that arise from protests, sit-ins, and political demonstrations bring constitutional defenses into play. Forum analysis matters. Time, place, and manner restrictions have to be content-neutral and narrowly tailored. Some protest trespass cases collapse at the constitutional level — others bargain down hard because the prosecution does not want a First Amendment ruling.
Trespassing is a strong candidate for judicial misdemeanor diversion under PC 1001.95. Complete the conditions the court tailors to the case — alternatives to incarceration the lawyer negotiates — and the case is dismissed. No guilty plea required.
Many trespass arrests trace back to a mental health condition the system never addressed. If a qualifying condition contributed to the alleged offense, treatment-based diversion ends in dismissal.
Find the citation. The exact PC 602 subsection on the citation determines which defenses apply. Send it to your lawyer first.
Do not return to the property. Even to retrieve belongings. Even to apologize. A second contact can stack a new charge.
Save your communications. Texts, emails, voicemails — anything showing why you were there or what authority you believed you had.
Get a lawyer before arraignment. The subsection charged matters. The diversion track matters. Early intervention keeps the most options on the table.
Neighboring statutes and county-specific counsel for the trespass-adjacent charges that often ride along with a PC 602 arrest.
Yes. The common Penal Code 602 subsections — 602(o) refusing to leave private property, 602(m) occupying property without consent, 602(l) entering locked or posted land, and 602(q) refusing to leave a public building during the hours it is regularly closed to the public — are misdemeanors carrying up to six months in county jail and a $1,000 fine. PC 602.1 interfering with a business is also a misdemeanor, but carries a different penalty: up to 90 days in county jail and/or a fine of up to $400.
Four things: willful entry or remaining, someone else’s ownership or control, a proper request to leave, and noncompliance. In practice the third element is where cases most often fall apart — the person who did the demanding frequently lacks the authority to make it.
The strongest defenses attack the elements directly: no lawful authority to demand you leave, a right to be there in the first place, or — in protest cases — First Amendment forum-analysis defenses that can make the DA reluctant to litigate at all. See “How These Cases Get Defended” above for each in detail.
Yes. Trespassing is a strong candidate for judicial misdemeanor diversion under PC 1001.95 — complete the conditions the court sets and the case is dismissed, with no guilty plea required. Mental health diversion under PC 1001.36 is available where a qualifying condition contributed to the offense.
Because PC 602 bundles dozens of distinct trespass scenarios under one statute, and each subsection carries its own elements and penalties — 602(o) and 602.1 alone differ by 90 days of jail exposure and $600 in maximum fine. The subsection printed on your citation is the first thing that should go to your lawyer.
Arraignment through resolution. Subsection-specific defense, motions, diversion enrollment, and direct attorney communication. One fee.
Schedule Free Consultation(510) 545-6515 · ahmed@ashlegal.com
About the Author
Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.