California Penal Code §602.5 — Unauthorized Entry of Dwelling
Unauthorized entry into a residential dwelling — misdemeanor under §602.5(a); aggravated misdemeanor under §602.5(b) when a resident is present.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Unauthorized Entry of Dwelling Cases in All LA County Courts
01 — Quick Facts
PC §602.5 — Unauthorized Entry of Dwelling at a Glance
| Fact | Detail |
|---|---|
| Code | PC §602.5 |
| Classification | Misdemeanor |
| §602.5(a) | Up to 6 mo county jail + $1,000 fine |
| §602.5(b) Aggravated | Up to 1 yr county jail + $1,000 fine |
| Strike | No |
| Burglary Distinction | No intent-to-commit-crime element (contrast §459) |
01 — What Is PC §602.5?
What Is California Penal Code §602.5?
PC §602.5 Reads:
"(a) Every person other than a public officer or employee acting within the course and scope of his or her employment in performance of a duty imposed by law, who enters or remains in any noncommercial dwelling house, apartment, or other residential place without consent of the owner, his or her agent, or the person in lawful possession thereof, is guilty of a misdemeanor. (b) Every person other than a public officer or employee acting within the course and scope of his or her employment in performance of a duty imposed by law, who, without the consent of the owner, his or her agent, or the person in lawful possession thereof, enters or remains in any noncommercial dwelling house, apartment, or other residential place while a resident, or another person authorized to be in the dwelling, is present at any time during the course of the incident is guilty of aggravated trespass punishable by imprisonment in a county jail for not more than one year."
— Penal Code §602.5(a) & (b)
PC §602.5 is the residential-trespass statute. Unlike burglary (§459), §602.5 does NOT require intent to commit a crime inside — it punishes the mere unauthorized entry itself. §602.5(a) is the base misdemeanor; §602.5(b) is aggravated when a resident is present during the entry.
§602.5 vs §459 (Burglary)
Burglary under §459 requires intent to commit theft or a felony at the time of entry — a strike if residential. §602.5 requires only unauthorized entry. When intent-to-commit-crime is unclear, §602.5 is often a plea-negotiation off-ramp from a §459 burglary filing.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §602.5
The prosecution must prove:
Non-Commercial Dwelling
The location was a noncommercial dwelling house, apartment, or residential place.
Entry or Remaining
Defendant entered OR remained in the dwelling.
Without Consent
Entry was without consent of the owner, agent, or lawful possessor.
For §602.5(b) — Resident Present
During the entry, a resident or authorized person was present at any time.
Not Acting as Public Officer
Defendant was not a public officer or employee acting within scope.
04 — Penalties
Penalties for PC §602.5 Unauthorized Entry of Dwelling in California
§602.5 is a misdemeanor with a two-tier structure.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §602.5(a) — Base | PC §602.5(a) | Up to 6 mo county jail + $1,000 fine | Available | No |
| §602.5(b) — Aggravated (Resident Present) | PC §602.5(b) | Up to 1 yr county jail + $1,000 fine | Available | No |
| Concurrent §459 (Burglary) | PC §459 | Felony 2/4/6 yrs — STRIKE if residential | Restricted | Yes |
| Concurrent §460 First Degree | PC §460(a) | First-degree residential burglary — 2/4/6 yrs STRIKE | Restricted | Yes |
Related Enhancements
Concurrent Burglary
PC §459/§460
When intent-to-commit-crime is proven, §459 first-degree residential burglary — strike offense.
§136.2 Stay-Away
PC §136.2
Court will issue stay-away order at arraignment where victim is threatened.
Elder-Victim Enhancement
PC §368
Enhanced when victim is 65+ or a dependent adult.
Collateral Consequences
- Criminal record — misdemeanor conviction affects employment
- CIMT determination varies by facts
- Immigration inadmissibility risk in some cases
- Stay-away order — no contact with victim
- Civil trespass exposure (CC §846 and property owner suits)
- Restraining-order exposure
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §602.5 Unauthorized Entry of Dwelling Charges
§602.5 defenses attack consent, dwelling-boundary, and public-officer exceptions.
Consent / Implied Consent
Prior invitation, open door, implied consent by relationship or history.
Consent
Not a Dwelling
Common areas, garages, sheds, porches, or commercial spaces may fall outside §602.5.
Scope
Lawful Purpose (Public Officer)
Utility workers, animal-control officers, and public employees acting within scope are exempt.
Exempt
Mistake of Fact
Reasonable belief of consent — People v. Barlow implied-consent defense.
Mistake
Fourth Amendment
Suppression of evidence obtained via unlawful arrest or seizure.
4A
Plea Down from §459
§602.5 is a common off-ramp from a §459 burglary strike filing — negotiate to §602.5 to avoid strike.
Plea
Constitutional Sources
07 — Court Process
How PC §602.5 Unauthorized Entry of Dwelling Cases Move Through Los Angeles Courts
§602.5 cases proceed as misdemeanor filings, often as a plea down from §459.
- 1
Step 1 — Investigation
Report of unauthorized entry; officer investigates and reviews consent evidence.
- 2
Step 2 — Filing
DA may charge §602.5 alone or as lesser to §459 burglary.
- 3
Step 3 — Arraignment
Stay-away order under §136.2 issued if victim requests.
- 4
Step 4 — Motions
§1538.5 suppression, corpus challenges.
- 5
Step 5 — Pretrial
Negotiation to §602.5 plea to avoid strike burglary exposure.
- 6
Step 6 — Trial or Plea
Most cases resolve with probation and stay-away.
Los Angeles Courts That Handle PC §602.5 Unauthorized Entry of Dwelling Cases
§602.5 cases are handled in LA County misdemeanor courts.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Unauthorized Entry of Dwelling Defense Attorney
Daniel S. Rubin has defended clients charged with unauthorized entry of dwelling 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 §602.5 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Unauthorized Entry of Dwelling Cases Throughout LA County
See our full Unauthorized Entry of Dwelling defense practice
09 — FAQs
PC §602.5 Unauthorized Entry of Dwelling Questions — Los Angeles
What is PC §602.5?
California's residential-trespass statute. §602.5(a) punishes unauthorized entry of a residence as a misdemeanor. §602.5(b) is aggravated when a resident is present during the entry.
How is §602.5 different from burglary?
PC §459 burglary requires intent to commit theft or a felony at time of entry — first-degree residential burglary is a strike. §602.5 requires only unauthorized entry — no intent-to-commit-crime element and NOT a strike.
Is §602.5 a strike?
No — §602.5 is not listed under §667.5(c) or §1192.7(c). It is often used as a strike-avoidance plea from §459 filings.
What is the difference between §602.5(a) and (b)?
§602.5(a) is the base misdemeanor (up to 6 months). §602.5(b) is aggravated when a resident is present at any time during the incident (up to 1 year). Presence-timing is a key element under (b).
What is 'implied consent'?
Under People v. Barlow and related authority, prior invitation, open-door circumstances, or established relationship may support an implied-consent defense. Facts-specific and jury-tried.
Can §602.5 be expunged?
Yes — §602.5 is a misdemeanor eligible for §1203.4 expungement after successful probation completion.
Available 24/7 — Free Consultation
Charged with PC §602.5 Residential Trespass?
Common plea-down from §459 burglary strike. Rubin Law, P.C. negotiates strike-avoidance dispositions. Free consult (213) 723-2337.