What does Criminal Trespass mean?

During my tenure as a Fulton County prosecutor, one of the most common charges that I dealt with is Criminal Trespass. Criminal Trespass is a “catch-all” misdemeanor that can be committed in various different ways. The Criminal Trespass misdemeanor, as defined in Georgia Statute O.C.G.A. 16-7-21, can be the result of the one of the following:

1.    Entering upon the land or premises of another with an unlawful purpose.   So, for example, if someone was to enter someone else’s property to commit vandalism, that person would also be charged with Criminal Trespass.

2.    Entering upon the land or premises of another with prior knowledge or notice that such entry was prohibited.  A no trespassing sign is sufficient, as long as it is in plain view.

3.    Staying on the property or premises when the rightful owner/possessor tells you to leave. For example, if you’ve been asked to leave a restaurant and refuse, you are now likely to be charged with Criminal Trespass.

4.    Causing damage of $500 or less to another party’s property or premises falls under the bucket of Criminal Trespass.  If the damage to property is in excess of $500, the charge would be Criminal Damage 2^nd Degree, which is a felony charge.

5.    Maliciously interfering with the possession or use of property without the consent of the property owner. For example, holding someone’s cell phone to prevent them from calling another, but without the intent to steal the phone, would be criminal trespass.

Criminal Trespass is an intent based charge, which means that the state would have to prove that you either knew or should’ve known that you had no right to be on the property (or interfere with a person’s ability to use their own property).   All the criminal trespass charges as described above are misdemeanors that can carry a sentence of up to one year in jail and up to a $1000 in fines.

If you’ve been charged with Criminal Trespass, it’s in your best interest to hire an experienced criminal defense attorney.  To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.