If you’ve been arrested in California for returning to restricted land after being lawfully removed — especially while demonstrating or participating in a protest — you could be facing criminal charges under PC 419. This section of the California Penal Code makes it a misdemeanor to re-enter or attempt to take possession of land after a lawful eviction, even if your return is peaceful or part of a political movement. Understanding how this law works is critical for anyone involved in civil demonstrations, protests, or public actions on government or university property. Below, we break down what PC 419 means, the penalties involved, and how a criminal defense attorney can help you fight the charge.

Legal Definition:

Under California Penal Code 419, it is a misdemeanor for any person who has been legally removed from a piece of land — either by court order or lawful authority — to return and settle, reside on, or take possession of that restricted land.

To convict someone of violating PC 419, the prosecution must prove:

1. You were legally removed from a piece of land by court process or legal authority,
   AND
2. After being removed, you unlawfully returned to live on, occupy, or take possession of the same property.

What Does This Mean?

This law often applies in cases where people are demonstrating or camping on land from which they’ve already been lawfully removed. For example, during protests or political movements where individuals set up encampments on university grounds, government buildings, or other public properties, law enforcement may issue a lawful order to vacate. If someone returns after being removed, they can be charged under PC 419, regardless of whether they’re causing harm — the act of returning alone is enough.

Importantly, this charge doesn’t require violence, destruction, or trespassing in the traditional sense. It hinges on the fact that you’ve been legally removed once — and you came back. That makes the land legally restricted to you going forward.

Penalties for PC 419

A violation of Penal Code 419 is classified as a misdemeanor in California. If convicted, you could face:

• Up to 6 months in county jail
• Fines up to $1,000
• Probation and court-ordered community service

Although it may seem like a minor charge, any conviction can create a criminal record that affects your ability to pass background checks, apply for housing, or maintain employment. The consequences become especially serious for those already involved in ongoing civil or protest-related legal matters.

Common Defenses for PC 419

There are several valid defenses against a PC 419 charge:

• You were never legally removed from the land (procedural failure)
• You didn’t return intentionally (for example, you were passing through or unaware of the order)
• You were exercising your rights to peaceably assemble without violating a specific court directive
• Mistaken identity — the authorities may have confused you with someone previously removed

Each of these defenses depends on your specific situation and should be reviewed with an experienced criminal defense attorney who understands how these cases are handled in California.

Call Inland Empire Criminal Defense Today

If you’ve been charged under PC 419 for returning to restricted land, especially after demonstrating or participating in a protest, you need legal representation that understands both your rights and the strategy needed to protect them.

At Inland Empire Criminal Defense, we’ve successfully represented clients facing protest-related and misdemeanor charges throughout the Inland Empire. Our office is located in Ontario, CA, and we offer free initial consultations. Call us today at 909-281-0391 to discuss your case — and take the first step toward protecting your freedom, your record, and your future.