CRIMINAL TRESPASS

In Georgia, there are several ways you can get charged with criminal trespass.  The law provides:

1.  A person can be charged with criminal trespass if that person intentionally damages another’s property, without consent, and the cost of the damage is $500 or less.
2. Criminal trespass can be the knowing and malicious interference with another person’s personal property. Meaning that a person withholds another’s property without their permission.
3. Criminal trespass can also be entering the property of another after being instructed by the rightful owner to not return.
4. Another variation of criminal trespass is when a person is told by the rightful owner of the property at issue to leave the property and that person remains on the property.
5. Entering onto someone else’s property with the purpose of committing an unlawful act can be considered criminal trespass.
6. Finally, defacing a monument, grave site, or memorial dedicated to a service member of the United States military or the Confederate military can be deemed criminal trespass under Georgia law.

As you can see, there are several ways someone can be charged with criminal trespass.  The most common form of criminal trespass that we see stems from arguments between family members.  We all know that families argue.  But sometimes those arguments can escalate beyond just words and can result in damage to property.  When that happens the police often get involved.

When the police arrive they tend to immediately gravitate to the person who first called 911. The police officers are trained to separate all of the parties involved so that there are no additional arguments.  Often, the police receive a very one-sided version of the story and are shown a piece of property that the other person is alleged to have damaged.   The police officers will confront the accused with the property and try and get a confession.   If that person does not say anything then it generally result in the accused being charged with criminal trespass.

We also see criminal trespass cases in the context of young people going onto someone’s property for a prank.  Everyone has heard the stories of the neighborhood kids throwing toilet paper on the trees of the perceived “mean guy” in the neighborhood.  Well, in Georgia, that can result in being charged with the misdemeanor offense of criminal trespass.

There are several different variations of criminal trespass.  If you or someone you know has been charged with criminal trespass, please call the office immediately at 404-581-0999.