California Penal Code §418 — Forcible Entry with Deadly Weapon or Force / Violence
PC §418 makes it a MISDEMEANOR to use, or procure, encourage, or assist another to use, force, violence, or a deadly weapon to enter upon or into any real property. Penalty is up to 6 months in county jail and/or a fine up to $1,000. §418 targets self-help evictions, forcible re-entry disputes, and armed trespass. It differs from PC §602 (basic trespass) by requiring FORCE, VIOLENCE, or a DEADLY WEAPON; it differs from PC §459 (burglary) by not requiring intent to commit a further felony or theft inside.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Forcible Entry with Deadly Weapon or Force / Violence Cases in All LA County Courts
01 — Quick Facts
PC §418 — Forcible Entry with Deadly Weapon or Force / Violence at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §418 — Forcible Entry with Deadly Weapon or Force / Violence |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Penalty | Up to 6 months county jail and/or $1,000 fine |
| Controlling Definition | PC §418 — use of force, violence, or deadly weapon to enter or attempt to enter upon real property |
| Mens Rea Standard | Specific intent (§417.25) — otherwise general intent + In re Jorge M. knowledge gloss |
| Firearm Rights | §29805 10-yr (misdo) / §29800 lifetime + §922(g)(1) (felony) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §418?
What Is California Penal Code §418?
PC §418 Reads:
"California Penal Code §418 — Forcible Entry with Deadly Weapon or Force / Violence. Penalty: Up to 6 months county jail and/or $1,000 fine. Controlling definition: PC §418 — use of force, violence, or deadly weapon to enter or attempt to enter upon real property."
— California Penal Code §418 (paraphrased)
PC §418 — Forcible Entry with Deadly Weapon or Force / Violence — is part of California's weapons and public-safety framework. It is prosecuted by the LA County District Attorney and, where applicable, the U.S. Attorney's Office. PC §418 makes it a MISDEMEANOR to use, or procure, encourage, or assist another to use, force, violence, or a deadly weapon to enter upon or into any real property. Penalty is up to 6 months in county jail and/or a fine up to $1,000. §418 targets self-help evictions, forcible re-entry disputes, and armed trespass. It differs from PC §602 (basic trespass) by requiring FORCE, VIOLENCE, or a DEADLY WEAPON; it differs from PC §459 (burglary) by not requiring intent to commit a further felony or theft inside.
Statutory Definition and Core Litigation Issues
The definition — PC §418 — use of force, violence, or deadly weapon to enter or attempt to enter upon real property — is the pivotal element in every §418 prosecution. Rubin Law, P.C. defends by challenging the statutory elements at preliminary hearing (§995 dismissal), litigating Fourth Amendment suppression (§1538.5), and (where applicable) negotiating §17(b) reduction, §1170(h) split sentencing, or diversion.
Within §418 Statutory Scope
Full statutory exposure — Up to 6 months county jail and/or $1,000 fine
Outside §418 Statutory Scope
Case dismissed — no violation.
Why the §418 Definition Drives Defense
The force / deadly-weapon element, self-help-eviction defenses, and Fourth Amendment suppression drive these cases.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §418
The prosecution must prove each of the following beyond a reasonable doubt.
Entry Upon Real Property
Physical entry, or attempted entry, onto real property (land, dwelling, structure).
By Force, Violence, or Deadly Weapon
Breaking, damaging locks/doors, physical force against a person, or presence/use of a deadly weapon.
Onto Property of Another
Property belonging to another person or entity.
General Intent
Defendant intended the entry.
04 — Penalties
Penalties for PC §418 Forcible Entry with Deadly Weapon or Force / Violence in California
§418 is a straight misdemeanor.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Misdemeanor §418 | PC §418 | Up to 6 months county jail and/or $1,000 fine | Standard | No |
| Concurrent §29800(a)(1) | PC §29800(a)(1) | 16 months, 2, or 3 years — if prior felony | Rare | No |
| Concurrent §245(a)(1) if force used | PC §245(a)(1) | Up to 4 years — strike | Available | Yes |
| Gang Enhancement | PC §186.22(b) | Adds 2, 3, or 4 years | Rare | Yes |
Enhancements That Increase §418 Exposure
School Grounds
PC §626.9 / §626.10
Firearm or weapon on school grounds — separate felony or wobbler exposure.
Courthouse / Airport
PC §171b / 49 USC §46505
Weapon in courthouse or airport — state wobbler and federal 10-year exposure.
Gang Predicate
PC §186.22(b)
Adds 2-4 years and converts to strike.
Prior Convictions
PC §667.5(b)
Prior prison priors support enhanced sentencing on felony filing.
Great Bodily Injury
PC §12022.7
Adds 3 years when GBI inflicted during a felony.
Beyond the Sentence
- PC §29805 10-year firearm prohibition on misdemeanor firearm-related conviction; §29800 lifetime on felony
- Federal 18 USC §922(g) firearm prohibition on felony conviction
- Immigration consequences under 8 USC §1227(a)(2)(C) on felony firearm conviction — case-specific analysis
- Employment and professional-license consequences
- School / campus disciplinary consequences (on §626.9 school-zone cases)
- TSA / travel disclosure consequences
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §418 Forcible Entry with Deadly Weapon or Force / Violence Charges
§418 defenses focus on statutory-element challenges, mens rea, and Fourth Amendment suppression.
Statutory Definition / Element Challenge
Prosecution must prove the specific statutory elements of §418. Definition-driven cases resolve on §995 dismissal or trial acquittal.
PC §418
No Knowing / Specific Intent
Mens rea challenge — no knowledge, mistake of fact, borrowed item / vehicle defense. Where §418 is specific-intent, prosecution must prove the required mental state beyond reasonable doubt.
Mens Rea
Constructive-Possession Defense
Shared vehicle, third-party bag, roommate's property. People v. Sifuentes.
People v. Sifuentes
Fourth Amendment Suppression
Warrantless search, Terry-stop overreach, Rodriguez prolongation, pretextual vehicle / bag search. PC §1538.5 motion.
PC §1538.5
Statutory Exemption
Licensed dealer, CCW permit, law enforcement, private-property, or antique / sporting exemption where applicable.
Statutory Exemption
Fifth Amendment Miranda
Custodial interrogation without Miranda advisement; statements suppressed under Miranda v. Arizona.
Miranda v. Arizona
Constitutional Sources
07 — Court Process
How PC §418 Forcible Entry with Deadly Weapon or Force / Violence Cases Move Through Los Angeles Courts
§418 cases follow the weapons-prosecution track with heavy motion practice.
- 1
Step 1 — Police Encounter
Cases arise from 911 calls, traffic stops, probation searches, school-resource-officer investigations, and consent searches.
- 2
Step 2 — Item / Firearm Examination
LAPD SID / LASD firearms unit or ATF examines the item and confirms statutory-definition elements. Expert reports frequently disputed at prelim.
- 3
Step 3 — Filing Decision
DA files straight misdemeanor.
- 4
Step 4 — Motion Practice
PC §1538.5 suppression, §995 dismissal on element defense, In re Jorge M. mens-rea challenges, Miranda motions, and (where applicable) §17(b) reduction.
- 5
Step 5 — Preliminary Hearing (Felony Track)
Element-by-element testimony, expert examination of item, and Fourth Amendment record litigated at prelim.
- 6
Step 6 — Resolution
Dismissal on element / suppression defense, plea to lesser included, probation, diversion (case-specific), or trial.
Los Angeles Courts That Handle PC §418 Forcible Entry with Deadly Weapon or Force / Violence Cases
§418 cases are prosecuted at LA County criminal courthouses.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Forcible Entry with Deadly Weapon or Force / Violence Defense Attorney
Daniel S. Rubin has defended clients charged with forcible entry with deadly weapon or force / violence and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §418 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Forcible Entry with Deadly Weapon or Force / Violence Cases Throughout LA County
See our full Forcible Entry with Deadly Weapon or Force / Violence defense practice
09 — FAQs
PC §418 Forcible Entry with Deadly Weapon or Force / Violence Questions — Los Angeles
What is the penalty for PC §418?
PC §418 carries up to 6 months county jail and/or $1,000 fine. It is a straight misdemeanor — no felony exposure on the base offense.
What is the statutory definition governing PC §418?
The controlling definition is PC §418 — use of force, violence, or deadly weapon to enter or attempt to enter upon real property. The definition is the pivotal litigation issue in every §418 prosecution and drives §995 motions and preliminary-hearing strategy.
Does §418 require specific intent?
No — §418 is a general-intent offense. People v. Rubalcava and its progeny require knowing conduct only; some knowledge-of-character mens rea gloss under In re Jorge M. applies.
What counts as 'possession' under §418?
Actual or constructive possession. Actual = on person / immediate control. Constructive = dominion and control over the location with knowledge of the item's presence. People v. Sifuentes constructive-possession analysis applies.
Are there statutory exemptions to PC §418?
Statutory exemptions are limited; the prosecution's burden focuses on the elements rather than exemption defenses in most §418 cases.
Can §418 be reduced or dismissed?
On misdemeanor §418, resolution focuses on element / suppression dismissal, diversion where available, or probation plea.
What are the immigration consequences of a §418 conviction?
Felony firearm-related convictions may qualify as aggravated felonies under 8 USC §1101(a)(43)(E) and trigger removability under 8 USC §1227(a)(2)(C). Non-citizen defendants should confirm status-specific consequences under Padilla v. Kentucky before entering any plea.
What are the firearm-rights consequences of a §418 conviction?
Misdemeanor firearm-related conviction triggers a 10-year California firearm prohibition under PC §29805. Felony conviction triggers a LIFETIME California firearm prohibition under PC §29800 and a federal prohibition under 18 USC §922(g)(1). PC §17(b) reduction and PC §1203.4 dismissal do NOT restore federal firearm rights.
Available 24/7 — Free Consultation
Charged Under PC §418 Forcible Entry?
The force / deadly-weapon element, self-help-eviction defenses, and Fourth Amendment suppression drive these cases. Call Rubin Law, P.C. — free consult (213) 723-2337.