Criminal trespass is a misdemeanor in Georgia. If convicted, you could face up to one year in jail and a maximum fine of $1,000.
Elements of Criminal Trespass
You can be charged with criminal trespass for any of the following:
- Entering a premises and/or remaining there without permission: This can include a private residence, real estate, a vehicle, aircraft or boat.
- Causing $500 of damage or less to another person’s property: It is important to note that this damage must be caused intentionally and without the owner’s consent.
- Mutilating, defacing or defiling certain property: To include a monument, memorial or grave of deceased military personnel or any monument, marker, plaque or memorial honoring military service.
Defenses Against Criminal Trespass Charges
If you have been charged with criminal trespass, it may be possible to mount a successful defense in your case. An experienced defense attorney can—and should—examine all of the details of your case to determine the best way to fight the charges against you. For example, he or she may argue that you did indeed have permission to be on another person’s property or that the damage to the property in question was caused by someone else.