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Trespassing

Trespassing Attorney in Roswell

Trespassing Laws in GA

Under Georgia law, one is trespassing when he or she intentionally damages someone's property without the owner's consent, enters the land or premises of another person for an unlawful purpose, or remains on another's property after knowing it is prohibited either by signage or verbal warning. Additionally, any intentional defiling or defacing of a memorial or grave marker of any past or present military personnel is criminal trespassing.

What are the Penalties for Trespassing?

In Georgia, the penalties for trespassing can vary depending on the severity of the offense and other factors, such as prior criminal history. 

  • Simple trespass: A person convicted of simple trespass in Georgia may face a fine of up to $1,000 and/or up to 12 months in jail. In addition to these penalties, a court may order the defendant to pay restitution for any damages they caused while trespassing.
  • Criminal trespass in the second degree: A person convicted of criminal trespass in the second degree in Georgia may face a fine of up to $1,000 and/or up to 12 months in jail. As with simple trespass, a court may also order the defendant to pay restitution for any damages they caused.
  • Criminal trespass in the first degree: A person convicted of criminal trespass in the first degree in Georgia may face a fine of up to $5,000 and/or up to 5 years in prison. In addition to these penalties, a court may order the defendant to pay restitution for any damages they caused.
  • Arson: Arson is a serious crime in Georgia that can result in significant penalties. The specific penalties for arson in Georgia depend on the severity of the offense. For example, a person convicted of first-degree arson, may face a fine of up to $50,000 and/or up to 20 years in prison. Second-degree arson, may result in a fine of up to $25,000 and/or up to 10 years in prison. In addition to these penalties, a court may order the defendant to pay restitution for any damages caused by the fire.
  • Burglary: In Georgia, burglary is another serious offense that can result in significant penalties. The specific penalties for burglary in Georgia depend on the severity of the offense. For example, a person convicted of first-degree burglary, may face a fine of up to $100,000 and/or up to 20 years in prison. Second-degree burglary, may result in a fine of up to $50,000 and/or up to 10 years in prison. In addition to these penalties, a court may also order the defendant to pay restitution for any damages caused during the commission of the burglary.

Is Trespassing a Felony in Georgia?

In Georgia, trespassing can be either a misdemeanor or a felony, depending on the specific circumstances of the offense. Under Georgia law, simple trespassing, which involves entering or remaining on someone else's property without their consent, is generally considered a misdemeanor offense.

However, if trespassing involves entering a building or other structure intending to commit a theft, it may be considered burglary, a felony offense. Similarly, if trespassing involves entering a home or dwelling, it may be considered criminal trespass in the first degree, which is also a felony offense. In addition, certain types of trespassing, such as on critical infrastructure or government property, may also be considered a felony offense.

It's important to note that the specific penalties for trespassing in Georgia can vary depending on the severity of the offense and other factors, such as whether the offender was armed at the time of the offense. If you've been charged with trespassing in Georgia, it's essential to consult with an experienced criminal defense attorney who can evaluate your case and advise you on your legal options.

How to Beat a Trespassing Charge

You need to know some possible defenses to a trespassing charge. Common defenses include:

  • Raising doubts on various elements of the crime
  • The type of proper notice forbidding entrance
  • Whether there was a timely exited from the property upon the owner’s request
  • The significance of any alleged damage
  • Whether there was any substantial interference with the use or possession of property

If you find yourself facing a trespassing charge, call The Sherman Law Group.


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