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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. If there has been damage to the property, said damage must be valued at under $500 for it to be considered a misdemeanor.

Criminal trespassing is a misdemeanor punishable by up to $1,000 in fines and up to 1 year in jail. In addition to criminal trespassing, one may be charged with arson, burglary, or criminal damage to property given the specific circumstances of the event. All these charges enhance the potential penalties under Georgia law.

Arson can range from a 1 year sentence and up to $10,000 fines to 20 years in prison and up to $50,000 in fines. You may be charged with burglary if you enter the property of another person with the intent to commit theft. Burglary punishments range from a one year to a 20 year sentence. You will also be charged with criminal damage to property if the damage is more than $500.00.

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.