California Penal Code §601 — Aggravated Trespass
Making a credible threat and thereafter, within 30 days, entering the victim's residence or workplace without lawful purpose — wobbler under PC §601(a).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Aggravated Trespass Cases in All LA County Courts
01 — Quick Facts
PC §601 — Aggravated Trespass at a Glance
| Fact | Detail |
|---|---|
| Code | PC §601 |
| Classification | Wobbler |
| Felony Term | 16m, 2, or 3 yrs (§1170(h)) |
| Misdemeanor | Up to 1 yr county jail |
| Strike | No |
| Threat Window | 30 days |
01 — What Is PC §601?
What Is California Penal Code §601?
PC §601 Reads:
"Any person is guilty of trespass who makes a credible threat to cause serious bodily injury, as defined in §417.6, to another person with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family, and who does any of the following: (1) Within 30 days of the threat, unlawfully enters into the residence or real property contiguous to the residence of the person threatened without lawful purpose. (2) Within 30 days of the threat, knowing that the place is the threatened person's workplace, unlawfully enters into the workplace of the person threatened."
— Penal Code §601(a)
PC §601 is California's aggravated-trespass statute — it elevates simple trespass to a wobbler when preceded by a credible threat of serious bodily injury. The statute has two triggers: (1) entry to the threatened person's residence within 30 days, or (2) entry to their workplace within 30 days.
Threat + Entry
§601 requires BOTH a §422-style credible threat AND subsequent entry within 30 days. The two elements must connect — a threat without entry is §422; entry without a preceding threat is §602.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §601
The prosecution must prove:
Credible Threat of SBI
Defendant made a credible threat of serious bodily injury as defined in §417.6.
Intent to Place in Fear
Defendant intended to place the victim in reasonable fear for safety.
Entry Within 30 Days
Defendant unlawfully entered the victim's residence, contiguous property, or workplace within 30 days of the threat.
Without Lawful Purpose
Entry was without lawful purpose (not employment, delivery, or authorized visit).
Workplace Knowledge
For workplace trigger — defendant knew the location was the victim's workplace.
04 — Penalties
Penalties for PC §601 Aggravated Trespass in California
§601 is a wobbler frequently charged alongside §422.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §601 — Felony | PC §601(a) | 16m, 2, or 3 yrs county jail (§1170(h)) | Available | No |
| §601 — Misdemeanor | PC §17(b) | Up to 1 yr county jail + $2,000 fine | Available | No |
| Concurrent §422 (Criminal Threats) | PC §422 | 16m, 2, or 3 yrs (§1170(h)) — STRIKE | Available | Yes if felony |
| Concurrent §646.9 (Stalking) | PC §646.9 | Wobbler — up to 3 yrs (or 5 yrs w/ TRO) | Available | No |
Related Enhancements
Concurrent §422 Strike
PC §422
§422 criminal threats (felony) is a strike; §601 is not, but the two are frequently charged together.
Protective Order
PC §136.2
Court will issue stay-away/protective order at arraignment.
Firearm Ban
PC §29805
10-year firearm prohibition on misdemeanor §601; lifetime on felony.
Collateral Consequences
- Mandatory stay-away order (§136.2)
- 10-year firearm ban (§29805) or lifetime if felony
- Employment impact — CIMT if felony
- Immigration inadmissibility risk
- Concurrent §422 strike consequences
- Civil restraining order exposure (CCP §527.6)
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §601 Aggravated Trespass Charges
§601 requires both a credible threat and subsequent entry — attack either element.
No Credible Threat
Statement was too vague, conditional, or hyperbolic to be a credible §422 threat.
Threat
No Reasonable Fear
Victim did not experience reasonable and sustained fear — People v. Toledo timing challenge.
Fear
Outside 30-Day Window
Entry occurred more than 30 days after the alleged threat — §601 fails.
Timeline
Lawful Purpose
Entry for legitimate reason — child custody exchange, retrieving belongings, employment.
Lawful
First Amendment
Protected speech — Virginia v. Black true-threat challenge.
1A
§17(b) Reduction
Wobbler-to-misdemeanor reduction where facts warrant.
§17(b)
Constitutional Sources
07 — Court Process
How PC §601 Aggravated Trespass Cases Move Through Los Angeles Courts
§601 cases proceed as wobbler filings with protective-order components.
- 1
Step 1 — Investigation
Threat reports, entry evidence, and CLETS/protective-order history reviewed.
- 2
Step 2 — Filing
DA files wobbler §601 alone or with §422 strike allegation.
- 3
Step 3 — Arraignment
Stay-away and protective order issued under §136.2; bail motion.
- 4
Step 4 — Preliminary Hearing
Corpus delicti on threat, timeline, and entry elements.
- 5
Step 5 — Motions
§995 timeline attacks, §17(b) reduction, and Virginia v. Black challenges.
- 6
Step 6 — Pretrial
Negotiation to misdemeanor or non-strike disposition.
- 7
Step 7 — Trial or Plea
Bench or jury trial.
Los Angeles Courts That Handle PC §601 Aggravated Trespass Cases
§601 cases are handled in LA County wobbler courts.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Aggravated Trespass Defense Attorney
Daniel S. Rubin has defended clients charged with aggravated trespass 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 §601 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Aggravated Trespass Cases Throughout LA County
09 — FAQs
PC §601 Aggravated Trespass Questions — Los Angeles
What is PC §601?
California's aggravated-trespass statute — elevates trespass to a wobbler when preceded by a credible §422-style threat and followed by unlawful entry to the victim's residence or workplace within 30 days.
Is §601 a strike?
No — §601 is not listed under §667.5(c) or §1192.7(c). However, concurrent §422 criminal threats charges are strikes when filed as felonies.
How is §601 different from §422?
§422 punishes the threat itself. §601 requires BOTH a credible threat AND subsequent entry to the victim's residence or workplace within 30 days. §601 is often charged alongside §422.
What is the 30-day window?
§601(a)(1) and (a)(2) require entry within 30 days of the credible threat. Entry outside this window does not qualify under §601 (though other trespass or stalking charges may apply).
Can §601 be reduced to a misdemeanor?
Yes — §601 is a wobbler under §17(b). Reduction is available at preliminary hearing, plea, or sentencing.
Will I lose my firearm rights?
Yes — misdemeanor §601 imposes a 10-year firearm ban under §29805. Felony §601 imposes a lifetime ban under §29800.
Available 24/7 — Free Consultation
Charged with PC §601 Aggravated Trespass?
Wobbler with strike-adjacent §422 exposure. Rubin Law, P.C. defends with timeline and threat-credibility challenges. Free consult (213) 723-2337.