Burglary (PC 459) & Trespass (PC 602) Lawyer — LA & OC

If you’ve ever wondered whether you can legally defend yourself or your home in California, you’ve likely heard of the Castle Doctrine. Under this legal principle, you have the right to protect yourself from an intruder inside your home — with force if necessary — without a duty to retreat.

But how does this work in California? And what if you are later arrested and charged with a crime for defending yourself? Here's what residents of Orange County and Los Angeles County — from Seal Beach to San Juan Capistrano, and from Hollywood Hills to Beverly Hills — should know about their legal rights.

California’s version of the Castle Doctrine is embodied in Penal Code (PC) 198.5, which protects homeowners who use force — even deadly force — when faced with a violent intruder inside their home.

If someone forcibly and unlawfully enters your residence, California law presumes that you had a reasonable fear of imminent harm or death. Under this presumption, using deadly force may be legally justified.

• The intruder must have forcibly entered your home — an unlocked door may not always trigger this protection.
   
• The force used must be reasonable under the circumstances. Excessive force may still lead to charges such as manslaughter (PC 192) or assault with a deadly weapon (PC 245).
   
• Castle Doctrine generally applies to homes, not to public spaces, vehicles, or workplaces.
   

Unfortunately, law-abiding homeowners can still find themselves facing criminal charges after defending their homes. Police may not immediately know all the facts — or may presume you used excessive force.

Charges may include:

• Manslaughter (PC 192)
   
• Assault with a deadly weapon (PC 245)
   
• Negligent discharge of a firearm (PC 246.3)
   

If you are charged, an experienced criminal defense attorney can argue that Castle Doctrine protections apply — and fight for dismissal or reduction of charges.

• Do not speak to police about the incident without your attorney present.
   
• Contact a qualified California criminal defense lawyer immediately.
   
• Do not assume Castle Doctrine protections are automatic — these are complex cases that require expert legal strategy.
   

At Poseidon Defense APC, we defend homeowners throughout Orange County and Los Angeles County — including Beverly Hills, Bel Air, Brentwood, San Marino, Yorba Linda, Huntington Beach, Laguna Beach, Dana Point, and other coastal and inland communities.

If you have been charged after defending yourself at home, contact us today for a confidential consultation. We will help you understand your rights and fight for your freedom.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is unique. Please consult with an experienced California criminal defense attorney for guidance on your specific situation.

When does entry become a felony? In California, burglary (PC 459) requires intent to commit theft or a felony at entry, while trespass (PC 602) addresses unauthorized entry or remaining. We defend cases across Los Angeles (Los Angeles, Beverly Hills, Santa Monica, Pasadena, Glendale, Long Beach) and Orange County (Santa Ana, Irvine, Newport Beach, Huntington Beach, Dana Point, San Clemente, Coto De Caza, Fullerton). Call/Text 714-978-9988.
Disclaimer: Informational only, not legal advice.

• PC 459 Burglary: Entry + intent at entry to steal or commit a felony.
   
• PC 602 Trespass: Entering or remaining without consent (or against posted rules).
   
• Proof battles: Intent timing (before entry vs after), posted warnings, consent, and value.
   

• No intent at entry → at most trespass.
   
• Consent or right to be there (tenancy/employee status/guest).
   
• Mis-ID or unreliable video.
   
• Value disputes → PC 488 petty theft, or civil conflict.
   

Full camera footage (not clips), alarm/access logs, texts/emails about permission, store policies, and value documentation.

• If I planned to buy but changed my mind inside, is that burglary? Usually no—intent at entry is key.
   
• What if a “no-trespass” letter wasn’t delivered? Notice can be challenged; we test proof.
   
• Can this be reduced to PC 488 petty theft? Often, depending on value and evidence.
   
• What if I was invited earlier? Consent can defeat trespass.
   
• Do LA/OC courts see diversion here? Sometimes for lower-level counts and clean records.
   

CTA: Call or Text 714-978-9988 • PoseidonDefenseLaw.com