Call or Text 678-753-6431 for a Free Consultation
Georgia Criminal Trespass Attorney
What is Criminal Trespass?
Criminal Trespass is a property crime under Georgia law. It criminalizes three types of conduct. It criminalizes the intentional damage of someone else’s property valued under $500, it criminalizes the entry upon property for unlawful conduct or when you have been told not to trespass, and it criminalizes the intentional damage to any grave marker, memorial, or plaque celebrating someone who served in the military and whose memorial is on private property. Criminal trespass is outlined in the Official Code of Georgia (O.C.G.A.) 16-7-21.
Criminal Trespass for Damage to Property Less than $500
Under Georgia law, you commit the crime of misdemeanor criminal trespass when you “intentionally damage any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.” O.C.G.A. 16-7-21(a).
Criminal Trespass upon the Property of Another
You can also commit the crime of criminal trespass if you “knowingly and without authority:
(1) Enter upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
(2) Enter upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or
(3) Remain upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.” O.C.G.A. 16-7-21(b).
Criminal Trespass upon a Grave, Marker, Plaque, or Memorial for Military Service
Finally, you commit the offense of criminal trespass if you “intentionally deface, mutilate, or defile any grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof if such grave marker, monument, memorial, plaque, or marker is privately owned or located on land which is privately owned. O.C.G.A. 16-7-21(e).
Common Criminal Trespass Scenarios
I often see criminal trespass charges come from a family argument. In the course of the argument an item is damaged like a television or cell phone. The police are called. The value of the item is less than $500 and you are charged with misdemeanor criminal trespass.
Other common situations are being asked to leave a bar, restaurant, or store and issued a criminal trespass warning not to return. If you are found back on the property you can be arrested and charged with criminal trespass.
Finally, if you go onto someone’s property to commit a criminal act, which can be as small as vandalizing the property with eggs, toilet paper, or any other form of childhood prank, you can be charged with criminal trespass and arrested.
If you have been arrested for criminal trespass you need to reach out to an attorney today to get the best advice to move forward with your case. I am available and happy to speak with you, even if you decide you do not want an attorney. Every county in the metro Atlanta area handles criminal trespass cases differently and you need to be prepared for what to expect prior to court and throughout the court process. I have experience handling criminal trespass cases all over the state of Georgia. There are several different variations of criminal trespass. If you or someone you know has been charged with criminal trespass, please call me immediately at 678-753-6431.