Trespassing

Trespassing Charges in Georgia

If you have been arrested for trespassing in Georgia, understanding the details of your case, possible penalties, and effective defense strategies is critical. Our firm provides experienced legal representation for individuals charged with all types of criminal trespass and related property offenses in Georgia.

Types of Trespassing Charges in Georgia

Georgia law recognizes several forms of trespassing, most prosecuted under O.C.G.A. §16-7-21 as criminal trespass, usually classified as a misdemeanor, but potentially elevated in certain circumstances:

• Unauthorized Entry: Entering someone’s property—land, building, vehicle, watercraft, or aircraft—without their consent.
• Damage to Property: Intentionally causing $500 or less in damage to someone else’s property, including personal or business assets.
• Defacing Property: Marking, vandalizing, or defacing another’s property without permission, including grave markers or military memorials.
• Remaining After Notice: Refusing to leave after being asked by the owner, tenant, or authorized representative.
• Agricultural Trespass: Damaging crops, farmland, or equipment without consent.
• Entry for Unlawful Purpose: Entering property to carry out another crime (such as theft or burglary), which may escalate the charge to a felony.

Penalties and Sentences for Trespassing

Trespassing penalties generally depend on the specifics of the case and any aggravating factors:

Restitution for damages, probation, and community service may also be ordered at the court’s discretion. If property damage exceeds $500, charges may be raised to "criminal damage to property," a felony with much higher penalties, including up to 5 years in prison.

Type of Charge Penalty Sentencing

Simple Criminal Trespass: Fine up to $1,000, up to 12 months jail, possible probation.
Criminal Trespass with Property Damage: ($500 or less) Fine up to $1,000, restitution for damages, up to 12 months jail, possible probation.
Criminal Trespass (Aggravated): May be elevated to felony if other crimes involved or critical property is targeted Felonies carry harsher sentences: fines ($5,000+), up to 5 years in prison.
Continued Trespass after Notice: Fine, possible jail time as described above.

What to Do and How We Can Help

Trespassing charges can have lasting impacts, such as:

• Criminal record affecting employment or housing.
• Potential jail or probation sentence.
• Significant fines and restitution costs.

Our experienced defense attorneys will:

• Review every detail to challenge the prosecution’s evidence.
• Argue if proper notice forbidding entrance was provided.
• Examine whether you exited promptly after being asked.
• Contest the alleged intent, purpose, or damage amounts.
• Seek mitigation through negotiation and evidence.

If you’ve been charged with trespassing, don’t wait: contact us for a confidential case assessment today. We have decades of Georgia criminal defense experience helping people across north Georgia.