Criminal Trespass

Facing Criminal Trespass Charges in Georgia? We Can Help.

Being charged with criminal trespass can have serious repercussions on your life. In Georgia, even though it's typically a misdemeanor, a criminal trespass conviction can lead to jail time, fines, and lasting consequences for your employment prospects, housing options, and reputation. Don't face these charges alone.

Understanding Georgia Criminal Trespass Laws

In Georgia, criminal trespass isn't just about being somewhere you shouldn't be. The law encompasses a much broader range of behaviors involving unauthorized presence on or interference with another's property:

  • Damaging someone's property (under $500 in damage)

  • Interfering with someone's property use or enjoyment

  • Entering property for an unlawful purpose

  • Entering after being explicitly forbidden

  • Refusing to leave when asked by the owner or representative

  • Defacing military monuments or grave markers on private property

Take action today with an experienced defense attorney who understands how to challenge the prosecution's evidence in a criminal trespass case.

Criminal Trespass & Other Charges

Offense Classification Potential Penalties
Criminal Trespass - Damage (Under $500) Misdemeanor Up to 12 months in jail, $1,000 fine
Criminal Trespass - Interference with Property Misdemeanor Up to 12 months in jail, $1,000 fine
Criminal Trespass - Unlawful Purpose Misdemeanor Up to 12 months in jail, $1,000 fine
Criminal Trespass - After Being Forbidden Misdemeanor Up to 12 months in jail, $1,000 fine
Criminal Trespass - Refusing to Leave Misdemeanor Up to 12 months in jail, $1,000 fine
Criminal Damage to Property (Over $500) Felony 1-5 years imprisonment
Burglary - First Degree (Dwelling) Felony 1-20 years imprisonment
Burglary - Second Degree (Non-Dwelling) Felony 1-5 years imprisonment

The Hidden Consequences of a Criminal Trespass Conviction

Many people underestimate how a criminal trespass conviction can affect their lives long after any sentence is complete:

Employment Impact

Even as a misdemeanor, a criminal trespass conviction creates a permanent record that appears on background checks. Many employers are hesitant to hire individuals with any property crime convictions.

Housing Difficulties

Landlords routinely conduct background checks and may reject applicants with criminal convictions, especially those involving property violations.

Complex Property Disputes

Criminal trespass charges often arise from complex situations involving property boundaries, landlord-tenant disputes, or access rights. Without proper legal representation, these nuances can be overlooked.

Public vs. Private Property Confusion

Many people are surprised to learn that trespass laws apply to public property as well. Even in public spaces, access can be restricted during certain hours or to certain areas.

Don't let a criminal trespass charge define your future. Get experienced legal help now.

How Our Georgia Criminal Trespass Defense Attorneys Can Help You

Our defense team has successfully represented hundreds of clients facing criminal trespass charges throughout Georgia. We understand both the legal nuances and the personal stress these charges can cause.

Our Defense Strategies Include:

  • Challenging proper notice: We investigate whether you received legally adequate warning or notice that entry was forbidden.

  • Examining consent issues: We determine if you had express or implied permission from someone with authority to grant it.

  • Disputing intent: Criminal trespass requires knowing and willful action. We challenge whether your actions were intentional or just an honest mistake.

  • Exploring legal authority defenses: We investigate if you had legal right to be present despite the owner's objections.

  • Negotiating diversion programs: First-time offenders may qualify for programs that can prevent a conviction from appearing on your record.

Frequently Asked Questions

  • While criminal trespass involves unlawful entry or interference with property, burglary requires entry with the specific intent to commit a felony or theft inside. The distinction is significant, as burglary is a felony with much harsher penalties.

  • Yes. Contrary to popular belief, trespass laws apply to public property as well. Access to public spaces can be restricted during certain hours, to certain areas, or for individuals who have violated rules or caused disruptions.

  • Intent is a key element of criminal trespass. If you genuinely didn't know you were on someone else's property or believed you had permission to be there, this could be a valid defense.

  • Without proper legal intervention, a theft conviction can remain on your record permanently, affecting employment, housing, and other opportunities.

  • This involves complex landlord-tenant law. Generally, a tenant has the right to invite guests onto leased property, and the landlord cannot override this right without specific lease provisions or court orders.

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