California Penal Code 418 makes it a misdemeanor to use force or violence to enter someone else’s property, or to hold onto that property by force, without legal authority. A conviction carries up to six months in county jail, a fine of up to $1,000, or both.1California Legislative Information. California Code PEN – Forcible Entry or Detainer The statute reaches beyond the person who physically forces entry: anyone who hires, encourages, or assists someone else to use force faces the same charge. It comes up most often in landlord-tenant disputes where an owner tries to skip the formal eviction process.
What the Statute Prohibits
The law is short and broad. It criminalizes “any force or violence in entering upon or detaining any lands or other possessions of another, except in the cases and in the manner allowed by law.”1California Legislative Information. California Code PEN – Forcible Entry or Detainer Two separate acts are covered: forcing your way onto property, and forcibly holding property after you’re already inside. Either one by itself supports a charge.
Force means physical action to overcome a barrier or a person. Breaking a lock, prying open a door, removing a window, or shoving someone out of the way all qualify. Weapons and serious injury aren’t required. Any physical force used to gain or keep possession is enough. Someone who changes the locks while the rightful occupant is out and then physically blocks reentry has committed both forced entry and forced detainer in a single sequence.
The phrase “except in the cases and in the manner allowed by law” creates a narrow carve-out. Officers executing a valid court order or arrest warrant are acting within legal authority, so their use of force doesn’t violate the statute. A landlord who obtains a judgment for possession and has the sheriff carry out the lockout is also inside the law. Judicial authorization is the dividing line.
Who Can Be Charged
Penal Code 418 isn’t limited to the person who kicks in the door. It expressly covers anyone “procuring, encouraging or assisting another to use” force or violence. A landlord who hires someone to change the locks while a tenant is at work faces the same charge as the person turning the screwdriver. A family member standing in the hallway urging someone to break down a door can be charged under the same section. The organizer and the helper are treated as equally culpable.
Jail Time and Fines
Penal Code 418 is a misdemeanor. Under California’s general misdemeanor sentencing rules, the ceiling is six months in county jail, a fine of up to $1,000, or both.2California Legislative Information. California Code PEN 19 – Punishment for Misdemeanor Judges have discretion within those limits. A first-time offender who used no violence against a person might receive only a fine. Someone who assaulted an occupant during the entry could face the full jail term.
On top of the criminal fine, the court must impose a separate restitution fine. For misdemeanors, that fine ranges from $150 to $1,000, set at the judge’s discretion based on the seriousness of the offense.3California Legislative Information. California Code PEN 1202.4 – Restitution It goes to the state’s Restitution Fund, not to the victim, and sits alongside any direct victim restitution the court orders.
Probation Conditions
Many misdemeanor sentences include a term of summary (informal) probation instead of, or alongside, jail time. Summary probation for a California misdemeanor typically runs one to two years. It doesn’t require check-ins with a probation officer, but it does carry conditions. Common ones include paying all fines and restitution, obeying a stay-away order protecting the victim, completing community service hours, and avoiding new criminal charges during the probation period. Violating any condition gives the judge authority to impose the original jail sentence in full.
Paying the Victim Back
When a victim suffers an economic loss from the crime, the court must order the defendant to pay full restitution directly to that person.3California Legislative Information. California Code PEN 1202.4 – Restitution This is separate from the restitution fine paid to the state. The purpose is to return the victim to the financial position they held before the crime.
In a Penal Code 418 case, restitution commonly covers repair or replacement of damaged locks, doors, and windows, along with any personal property destroyed during the incident. If the victim was locked out of their own home and paid for a hotel or temporary housing, those costs are recoverable too. The court bases the amount on receipts, repair estimates, and other documentation. When the full loss isn’t known at sentencing, the judge can leave the amount open and set it later once the victim provides final figures.4California Victim Compensation Board. Restitution – CA Victim Compensation Board A restitution order is enforceable like a civil judgment, so the obligation doesn’t go away if the defendant ignores it.
Self-Help Evictions by Landlords
The fact pattern that most often triggers Penal Code 418 is the self-help eviction: a landlord who decides to remove a tenant without going through the courts. Changing the locks while the tenant is out, shutting off the water or electricity, removing the front door, or hauling belongings to the curb all fall within the statute when done to push out an occupant.
The civil exposure is just as serious. Civil Code 789.3 prohibits landlords from willfully interrupting utilities, changing locks, removing doors or windows, or taking a tenant’s personal property to force a tenant out. Penalties include actual damages plus up to $100 for each day the violation continues, with a minimum award of $250 per violation. The court must also award attorney’s fees to the tenant who wins.5California Legislative Information. California Code CIV 789.3 – Prohibited Acts by Landlords A landlord who locks a tenant out for even a few days can face a criminal misdemeanor and a civil suit at once.
The lawful path is an unlawful detainer lawsuit, a court judgment, and a sheriff-executed lockout. Slower, but the only route that doesn’t create criminal exposure.
Consequences Beyond the Sentence
A conviction creates a criminal record that can follow you for years after the fines are paid.
For employment, California’s Fair Chance Act bars employers with five or more employees from asking about criminal history before making a conditional offer. Once an offer is extended, however, the employer can run a background check and may rescind the offer after an individualized assessment that weighs the nature of the offense, how much time has passed, and the duties of the job.6California Civil Rights Department. Fair Chance Act FAQ An offense involving force against property is the kind of record that tends to concern employers, especially for jobs with access to homes or buildings.
Firearms are another concern. California law prohibits firearm possession after certain misdemeanor convictions, and federal law adds restrictions for misdemeanor crimes of domestic violence. Whether a Penal Code 418 conviction triggers a firearms ban depends on the specific facts, particularly whether the offense involved a domestic relationship.7State of California – Department of Justice – Office of the Attorney General. Firearms Eligibility FAQ Anyone with a conviction involving force should verify eligibility before buying or possessing a firearm.
How Penal Code 418 Differs From Trespassing
Penal Code 418 is sometimes confused with trespassing under Penal Code 602, but the two cover different conduct. Trespassing addresses entering property without permission: walking onto fenced land, going into a building you have no right to enter, or refusing to leave after being told to go.8California Legislative Information. California Code PEN 602 – Trespass Penal Code 418 is specifically about using force or violence to enter or hold property. Someone who slips into an empty building through an unlocked door might face trespassing charges, but no force was used. Someone who breaks down a locked door has committed the more specific offense under Penal Code 418. The force element is what separates the two.