Georgia Criminal Trespass Lawyers

In general, criminal trespass occurs when a person enters the property of another person or remains on another person’s property without the person’s consent. The property can be an apartment, a house, an office in an office building, a motor vehicle of any kind, a boat or an aircraft.

Does Georgia Have a Criminal Trespass Law?

In Georgia, criminal trespass is a misdemeanor criminal offense.

How Does a Criminal Trespass Charge Happen?

There are a number of ways for a person to commit the crime of criminal trespass in Georgia. Criminal trespass is committed when a person knowingly and without permission does the following:

• When the perpetrator intentionally damages the property of another person without that person’s consent if the value of the damage done is $500.00 or less; or
• When the perpetrator knowingly and maliciously interferes with the possession or use of the property of another person without that person’s consent.

Furthermore, a person can commit criminal trespass when they knowingly and without authority do any of the following:

• Enter on the land or premises or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an illegal purpose;
• Enter onto the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner that such entry is forbidden; or
• Remains on the land or premises of another person or within their vehicle, railroad car, aircraft, or watercraft after the owner has asked the person to leave.

Thus, it should be clear that one way to avoid a charge of criminal trespass is for a person not to enter property that does not belong to them absent an invitation from the owner or legal occupant. In addition, a person should leave the property of another person when the owner or occupant asks them to do so.

One thing to note is that a minor cannot give permission to a person to enter or invite a person to enter property or vehicles, etc. without a parent’s presence. Or, if a parent has previously given notice to a person that their entry is forbidden, a minor who is present cannot give permission. Therefore, even if a minor invites a person, it is still a crime if a parent or guardian had forbidden them to enter before.

Still another kind of criminal trespass is committed when a person intentionally defaces, mutilates, or defiles any grave marker, monument, or memorial to a deceased persons who served in the military.

Georgia courts require that reasonable and explicit notice be given so that members of the public clearly know that they are forbidden to enter certain property and exactly what property they are forbidden to enter.

Some examples of criminal trespass in Georgia are as follows:

• In one reported case, a man was found guilty of criminal trespass of a church which had once employed him. The man had served as the pastor but his employment was terminated and he was expelled from membership in the church as well. In addition, he was warned many times not to return to the church under any circumstances. Nonetheless, he took issue with his expulsion and did not agree with it. He continued to attend the church in spite of the fact that many people asked him to leave.
  • The perpetrator even admitted that many people had told him on multiple occasions that he was no longer welcome at the church. In sum, a Georgia court held that there was sufficient evidence to prove beyond a reasonable doubt that the perpetrator was guilty of criminal trespass. On the basis of the fact that the evidence presented was sufficient, the perpetrator’s conviction of criminal trespass was affirmed.
• It is possible to be convicted of criminal trespass in Georgia even if the property is public property. In another reported case, the defendant was banned from her son’s school by way of a letter informing her that she should not attend any school event without advance written authorization from the Superintendent of Schools in the district in which the school was located.
  • Nevertheless, she entered onto the school campus without the required written permission. In her defense, the mother argued that her actions were justified because she had a meeting with school administrators about her son. However, school officials testified that no meeting was scheduled for the date on which the mother entered the school property. Therefore, the Court found that the evidence supported the mother’s conviction for criminal trespass.

Is Criminal Damage to Property the Same as Criminal Trespass in Georgia?

Criminal trespass is entering or remaining on someone’s land or premises without the person’s consent. There might be damage to property in connection with a criminal trespass, but it is not a necessary element of the crime. Also, causing damage of a value of less than $500 to the property of another person is a form of criminal trespass.

Under Georgia law, criminal damage to property is a crime that involves causing damage with a value of more than $500 to someone’s property, other than a memorial, monument, or grave marker, without the consent of the owner of the property.

What Is the Punishment for Criminal Trespass in Georgia?

As noted above, in Georgia criminal trespass is a misdemeanor criminal offense. The punishment for a misdemeanor in Georgia is a fine of up to $1,000 and/or a maximum term of imprisonment of 12 months in a county jail.

Are There Any Defenses to a Charge of Criminal Trespass in Georgia?

There are several possible defenses to a charge of criminal trespass as follows:

• Consent: Any evidence that the defendant had permission to be on the property serves as a defense to a charge of criminal trespassing;
• Damage to the Property Was Unintentional: If the defendant can prove that the damage to the property was accidental or unintentional, that might work as a defense;
• The Person Who Gave Notice Not to Enter Was Unauthorized: A necessary element of the criminal trespass is the giving of notice not to enter by either the owner or the rightful occupant of the property, e.g. a tenant. A neighbor, friend, or some other third party who is not an occupant does not work as proof of this element. If the owner or a rightful occupant did not give notice, the accused may not be guilty of criminal trespass;
• Unclear Property Boundaries: The Court requires that the owner of the property give reasonable and explicit notice of what property the trespassers are not allowed to enter. For example, an owner could post prominent “No Trespass” signs and mark the boundary of the property. If the notice was ambiguous or unclear, or if it is unclear exactly what property is the one that it is illegal to enter, then this lack of clear notice could be a defense.

What Are Not Defenses to a Charge of Criminal Trespass?

A perpetrator may claim that they had permission from a minor child to enter property: Georgia law does not allow a minor to give permission if the parents or a guardian had already told the perpetrator that they were not allowed to enter.

Do I Need a Lawyer?

If you have been charged with criminal trespass in Georgia, you should consult with a Georgia criminal defense lawyer as soon as you can to start fighting this charge. A lawyer can analyze the facts of your case, determine if there are any defenses available and represent you in negotiations with the prosecutor and at trial if that should become necessary.