Penal Code 602.5 is California’s misdemeanor entry of a home — entering or remaining in a noncommercial dwelling without consent.
When a resident is present during the entry, it becomes aggravated trespass under subdivision (b), carrying up to one year in jail.
What PC 602.5 Says
PC 602.5(a) covers entering or remaining in any noncommercial dwelling house, apartment, or other residential place without consent of the owner or lawful occupant. It differs from general trespass (PC 602) in that it targets residences specifically.
Aggravated Trespass (Resident Present)
Under PC 602.5(b), the offense becomes aggravated trespass when a resident or another person authorized to be in the dwelling is present at any time during the incident. That version carries up to one year in county jail, a fine of up to $1,000, or both.
Penalties and Defenses
Subdivision (a) is a misdemeanor; subdivision (b) carries up to a year. The central defenses are consent (you were invited, or reasonably believed you were), a right to be there (a tenant, a guest, a co-occupant, someone retrieving belongings), and lack of knowledge that entry was unauthorized. Judicial diversion (PC 1001.95) and mental health diversion (PC 1001.36) may resolve an eligible case.
Frequently Asked Questions
What is the difference between PC 602 and PC 602.5?
PC 602 is general trespass, covering dozens of types of property. PC 602.5 specifically targets entering or remaining in a residence — a home or apartment — without consent. When a resident is present, PC 602.5(b) makes it aggravated trespass with heavier penalties.
Is PC 602.5 a felony or a misdemeanor?
Both subdivisions are misdemeanors. PC 602.5(a) is standard unauthorized entry; PC 602.5(b), aggravated trespass when a resident is present, carries up to one year in county jail and/or a $1,000 fine.
What are the defenses to PC 602.5?
Consent (you were invited or reasonably believed you were), a right to be there (a tenant, guest, or co-occupant), and lack of knowledge that the entry was unauthorized. These cases frequently come down to who had the authority to grant or deny consent.
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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