What You Need to Know About Criminal Trespass in Georgia
If you were charged with criminal trespassing in Georgia, our defense attorneys at Swingle Levin, LLC are ready to fight to protect your rights. We can challenge the evidence and guide you through every step of the criminal process.
In Georgia, criminal trespassing is a misdemeanor offense, however, it can escalate into a felony if it involves substantial property damage. Moreover, the property owner may sue you for both trespassing and any damages you caused. If they win the claim, you could pay hefty fines and restitution or serve jail time.
Our team of skilled lawyers can prepare a strong defense for your criminal trespassing case and offer you the needed representation.
Call Swingle Levin, LLC if you are facing criminal trespass charges. We are available to fight for you and deliver a favorable outcome.
Criminal Trespass Laws in Georgia
A person commits the offense of criminal trespass by entering the land or premises of another person after receiving notice that forbids it. The notice could be a “no trespassing” sign or a statement by the owner. This is the most common form of criminal trespass, but many other actions can qualify as such.
The Georgia criminal trespass law GA Code § 16-7-21 defines criminal trespass as the following:
- Causing $500 or less in damages to the personal or real property of another person without consent
- Malicious actions that interfere with another person’s possession and use of their property
- Entering another person’s property after the rightful owner or rightful occupant forbids it through a sign or notice
- Entering someone’s house, vehicle, railroad car, aircraft, or watercraft for an unlawful purpose (to do something illegal)
- Remaining on someone’s property after they instruct you to leave
- Defacing or vandalizing a grave marker, memorial marker, monument, or plaque placed on private or government property
Criminal trespassing is not simply entering someone’s property without consent. For it to count as criminal trespassing, the entry involves ignoring a notice to leave or stay out, having criminal intent, or using or damaging property without permission.
Moreover, you can only commit criminal trespassing if your entry is prohibited by either the owner, legal occupant, or authorized representative from entering or remaining on the property. Therefore if a friend, neighbor, or relative issues the notice, you may not face trespassing charges.
A minor cannot authorize entry or invite you into their parent’s or guardian’s property either. The minor’s parent needs to approve such an entry for it to be lawful.
Purple Paint Law
In 2024, Georgia passed its version of the purple paint law.
This law allows owners to mark their property with purple paint as equivalent to “no trespass” or “no hunting allowed” signage. It can be used on trees, fences, and other physical property to deter strangers from entering or using them.
Penalties for Criminal Trespass
In most cases, judges render a guilty verdict if the prosecutor proves beyond a reasonable doubt that you are guilty of criminal trespass. A guilty verdict for a criminal trespass offense could lead to one year in jail or probation, a fine of up to $1000, or both. You could also pay restitution to the owners for the property you damaged.
The charge can be a misdemeanor or a felony. It depends on what happened, how much property damage happened, or if there were threats or violence.
Misdemeanor Criminal Trespass: Happens when someone knowingly enters or stays on property after being told not to, or causes property damage of $500 or less. Misdemeanor criminal trespass in Georgia, under OCGA § 16-7-21, can result in penalties of up to 12 months in jail, a fine of up to $1,000, or both.
Felony Criminal Damage to Property: Applies when the damage is more than $500 or when the behavior is more serious, such as making threats of violence.
Key consequences based on degree:
- First Degree (OCGA § 16-7-22): Involves endangering human life or disrupting public utilities. Penalties include 1 to 10 years in prison. If it involves critical infrastructure, it can be 2 to 20 years.
- Second Degree (OCGA § 16-7-23): Involves intentional damage exceeding $500 or reckless damage via fire/explosives. Penalties include 1 to 5 years in prison.
A skilled attorney can work on negotiating your criminal case with the prosecutor to reduce your punishment to community service and avoid jail time.
Remember that a conviction for a trespassing charge stays on your criminal record.
Defenses to Criminal Trespass
Lack of Intent: Intention is a major element in determining guilt in a criminal trespass case. As your attorneys, we can argue that perhaps you did not know the property was private, or that there were no clear signs. Also, we can claim that there is no proof that you intended to violate property rights. We can also argue that you unintentionally damaged the victim’s property.
Consent: Consent to enter property can mean the owner said you could enter, had allowed it before, or acted in a way that made it seem okay to be there. Another important element of criminal trespassing is receiving notice to leave the premises. If the prosecutor can’t prove you actually received the warning, they may not have sufficient evidence to convict you.
A criminal trespass notice or warning remains in effect for one year from the day you receive it. However, the statute of limitations for criminal trespassing in Georgia is four years, which means the property owner can still press charges against you up to four years after the alleged crime occurred.
Lack of Unlawful Intent: Another possible defense is that you didn’t mean to break the law when you entered the property. For example, you might not be charged with trespassing if you went onto the property to help someone or give medical aid.
Mistake Identity: Mistaken identity can happen if there’s doubt about whether you were at the scene, if witnesses or police give conflicting statements, or if evidence like surveillance footage shows the prosecution’s story isn’t correct.
If there is evidence against you, we can leverage their knowledge of motions in criminal defense cases to suppress or exclude evidence to your advantage.
How Can Swingle Levin, LLC Help You?
If you were charged with criminal trespass in Georgia, you need a defense team that moves fast and takes you seriously.
At our firm, you are never just a case number: expect dignity, respect, and quick replies to calls, texts, and emails. We never judge your past. We commit 100% to your defense. Adam Levin brings 15 years of trial skill to challenge the prosecution’s story and fight for your freedom. Ryan J. Swingle has defended Georgians since 1999, helping hundreds win dismissals and acquittals.
Remember, a criminal trespass can result in having a criminal record. This can affect your housing, education, and employment opportunities.
Don’t let a criminal trespass conviction ruin your life. Our results-driven and battle-tested Athens criminal defense team can:
- Gather evidence
- Interview witnesses who can corroborate your story
- Disprove the prosecution’s allegations
Our defense team is ready to fight for your rights because you are innocent until proven guilty. Contact us today and schedule a free consultation.
Frequently Asked Questions
1. What is criminal trespass in Georgia?
Criminal trespass occurs when a person knowingly and without authorization enters or remains on someone else’s property after receiving notice that such entry is not permitted. This can include fenced yards, posted private property, buildings, or vehicles.
2. What kinds of property can be involved in a criminal trespass case?
Criminal trespass can involve private homes, businesses, vacant buildings, fenced areas, or agricultural land. It also applies to any property where the owner has communicated that entry is prohibited, either through signage or personal instruction.
3. What does the prosecution have prove to convict someone of criminal trespass?
To secure a conviction, the state is required to show that the defendant intentionally entered or stayed on the property without permission. Moreover, the owner (or someone with authority) gave notice that entry was forbidden or that the defendant should have known permission was absent.
4. What defenses are commonly used in criminal trespass cases?
Possible defenses include showing that the person had implied or expressed permission to be on the property. Other defenses include arguing that they reasonably believed they had permission, that no proper notice was given, or that the location in question was not clearly private or off‑limits.
5. What are the potential penalties for a criminal trespass conviction in Georgia?
Generally, criminal trespass is treated as a misdemeanor and can result in fines, probation, community service, or jail time, depending on the judge’s decision and the facts of the case. Felony criminal damage to property applies when the damage exceeds $500 or involves serious behavior like threats of violence.