Penal Code 647(e) | Squatting is a California law that addresses unlawful squatting or lodging without permission. It is part of the state’s trespassing and disorderly conduct laws. This law prohibits someone from occupying or lodging in a property without the owner’s consent.
Also known as unlawful lodging, squatting is defined as living on someone else’s property without that person’s permission. When people are found squatting, law enforcement might ask them to identify themselves under the California Stop and Identify Law Penal Code §647(e).
Squatting is considered a misdemeanor-level offense in California, and individuals accused of squatting can face fines—as well as jail time—if they are convicted. You can take steps to fight this charge by contacting a Burbank criminal defense lawyer as soon as possible.
Looking More Closely at Squatting and Unlawful Lodging
Squatting is a criminal act prosecuted under Penal Code 647 PC: Disorderly Conduct in California. According to this law, individuals who engage in unlawful lodging are found to be staying in certain areas without the owner’s permission.
Individuals can face squatting charges for lodging unlawfully in the following places:
- Building
- Structure
- Place
- Vehicle
PC 647(e) charges apply if someone squats on either public or private property. Note that the court uses a specific definition for “lodging.” Anyone who stays in the same location over a long term is “lodging” there.
However, it can be difficult to identify lodging in specific circumstances. The court can rule that someone is lodging unlawfully if they engage in any of the following behaviors:
- Pitch a tent or another form of shelter
- Plan to stay in the location overnight
- Set up a sleeping bag or cot
For a free legal consultation with a squatting lawyer serving California, call (310) 896-2723
Receiving Permission to Legally Lodge vs Squatting in California
In California, you can lodge a claim on a property as long as you receive permission from the owner of said property. There are two main ways by which owners can grant this permission. Note that only a property’s owner or manager can offer permission for lodging.
Express Permission
Express permission is clear-cut permission. In this scenario, a property owner will say verbatim that they allow lodging on their property. They may even put up a sign that says that lodging is permitted and PC 647(e) charges should not apply if express permission is involved.
Implied Permission
In some cases, property owners can grant implied permission for squatting. This occurs if they know that people squat on their property and they do not take steps to actively stop it from happening. In this context, lodgers can assume implied permission to stay on the property.
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What Are the Potential Outcomes of Convictions for Squatting in California?
According to Penal Code 647(e), squatting is considered a misdemeanor-level offense in California. Misdemeanors are serious criminal charges, and a conviction can result in some harsh penalties, including these two consequences:
- Up to $1,000 in fines
- Up to one year in jail
Many individuals who squat do so because they are low on funds. This can make paying the fines associated with a squatting conviction very difficult. A lawyer can help you understand what to do about fees you can’t afford, as well as answer any questions about the following:
- Failing to disburse
- Trespassing
- Loitering
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Examples of Defenses for PC 647(e) | Squatting Accusations
A criminal defense lawyer in Los Angeles can step in to help if you are accused of squatting. If you reach out to a law firm with experience representing people facing squatting-related charges, your attorney can work on building a defense strategy on your behalf.
They can provide you with the help you need to fight your charges and clear your name with the goal of receiving as minimal penalties as possible. Let’s look at two examples of defenses we can argue in your case.
You Were Not Actually Lodging
Lingering on someone else’s property is not the same as unlawful lodging. If you did not plan to stay on the property for an extended period, you may be able to avoid a PC 647(e) conviction.
However, you might still face charges for loitering. Even so, the consequences are often lesser than those associated with squatting.
You Had Permission to Lodge on the Property
Property owners can permit individuals to lodge on their property. This permission can be either expressed or implied. You are not committing a criminal act if you stay on someone’s property after they say that they have no issue with you doing so.
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Speak to a Lawyer About Penal Code 647(e) | Squatting Today
If you were accused of squatting in California, you are not alone. The sooner you reach out to Simmrin Law Group, the sooner we can start working on your case and building a defense that is intended to obtain a favorable outcome on your behalf.
When you reach out to our criminal defense lawyers, we can talk to you about your options, ask you questions about your circumstances, and tell you more about us. We want to help, and we’re here to advocate for your rights, even if it means going to court.
Call or text (310) 896-2723 or complete a Free Case Evaluation form