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.

Facing Trespassing Charges? Contact us today at (678) 712-8561 for a free consultation and let our experienced attorneys help you navigate your case.

What are the Penalties for Trespassing?

In Georgia, the penalties for trespassing can vary depending on the severity of the offense and other factors, such as prior criminal history. 

• Simple trespass: A person convicted of simple trespass in Georgia may face a fine of up to $1,000 and/or up to 12 months in jail. In addition to these penalties, a court may order the defendant to pay restitution for any damages they caused while trespassing.
• Criminal trespass in the second degree: A person convicted of criminal trespass in the second degree in Georgia may face a fine of up to $1,000 and/or up to 12 months in jail. As with simple trespass, a court may also order the defendant to pay restitution for any damages they caused.
• Criminal trespass in the first degree: A person convicted of criminal trespass in the first degree in Georgia may face a fine of up to $5,000 and/or up to 5 years in prison. In addition to these penalties, a court may order the defendant to pay restitution for any damages they caused.
• Arson: Arson is a serious crime in Georgia that can result in significant penalties. The specific penalties for arson in Georgia depend on the severity of the offense. For example, a person convicted of first-degree arson, may face a fine of up to $50,000 and/or up to 20 years in prison. Second-degree arson, may result in a fine of up to $25,000 and/or up to 10 years in prison. In addition to these penalties, a court may order the defendant to pay restitution for any damages caused by the fire.
• Burglary: In Georgia, burglary is another serious offense that can result in significant penalties. The specific penalties for burglary in Georgia depend on the severity of the offense. For example, a person convicted of first-degree burglary, may face a fine of up to $100,000 and/or up to 20 years in prison. Second-degree burglary, may result in a fine of up to $50,000 and/or up to 10 years in prison. In addition to these penalties, a court may also order the defendant to pay restitution for any damages caused during the commission of the burglary.

Defenses Against Trespassing Charges in Georgia

When facing trespassing charges in Georgia, there are several potential defenses that could be used to challenge the accusations. These defenses aim to raise doubts about the intent or knowledge of the individual’s actions, or about the legality of the circumstances surrounding the trespassing charge. Some common defenses include:

• Lack of Intent: If a person did not intend to trespass, such as entering someone’s property by mistake or due to confusion, this may serve as a defense.
• Permission: If the defendant had permission to be on the property, either explicitly or implicitly (e.g., past visits, informal agreements), this can negate the trespassing charge.
• Mistaken Identity: In some cases, individuals may be wrongfully accused of trespassing due to mistaken identity, especially if there were multiple people involved or if the property owner was unsure about the identity of the trespasser.
• Necessity: This defense argues that the trespassing was necessary to avoid harm or danger. For example, someone may enter a property in an emergency situation, such as seeking shelter during a storm.

Example Case Scenarios:

• Case 1: A defendant entered a neighbor’s yard mistakenly, believing it was their own. The defense presented evidence that the defendant had recently moved in and was unfamiliar with the property boundaries, leading to the charge being dismissed.
• Case 2: A person was charged with trespassing at a protest in front of a government building. The defense argued that the person had a First Amendment right to protest in public spaces, and the charges were dropped based on the public nature of the location.

Trespassing in Relation to Public Property

Trespassing laws apply differently when the property involved is public, such as parks, government buildings, or schools, compared to private property.

Public vs. Private Property:

• For private property, trespassing is typically a misdemeanor if the person enters or remains on the land without permission.
• For public property, trespassing may still be illegal, especially if the person enters a restricted or designated "off-limits" area, such as a federal building or a closed-off part of a park.

Common Public Property Trespassing Charges:

• Loitering: People may be charged with trespassing if they loiter in public spaces for an extended period, especially after receiving a warning from authorities.
• Protesting: Protesters can face trespassing charges if they occupy a government building or other restricted spaces without authorization.
• Restricted Government Areas: Trespassing charges are common when individuals enter areas like military bases or secured government facilities without permission.

Impact of Trespassing Convictions on Employment and Housing

A trespassing conviction, even a misdemeanor, can have serious long-term consequences for a person’s future, especially when it comes to employment and housing.

Criminal Record Consequences:

• A conviction will appear on a criminal record, which could limit job opportunities, particularly in industries that require background checks, such as healthcare, education, and law enforcement.
• A criminal conviction can also affect a person’s ability to secure housing, as landlords often conduct background checks, and a trespassing conviction might be viewed negatively.

Expungement of Trespassing Charges:

• In some cases, a person may be able to have trespassing charges expunged or sealed, depending on the circumstances of the case and their criminal history. Expungement essentially removes the conviction from public records, making it inaccessible to employers or landlords.
• To begin the expungement process, individuals need to file a petition with the court, showing that they meet the eligibility criteria, which may include a waiting period after the completion of the sentence and no further criminal convictions.

By understanding the defenses available, the specific laws regarding public versus private property, and the long-term effects of a trespassing conviction, individuals can better navigate the legal process and make informed decisions.

Is Trespassing a Felony in Georgia?

In Georgia, trespassing can be either a misdemeanor or a felony, depending on the specific circumstances of the offense. Under Georgia law, simple trespassing, which involves entering or remaining on someone else's property without their consent, is generally considered a misdemeanor offense.

However, if trespassing involves entering a building or other structure intending to commit a theft, it may be considered burglary, a felony offense. Similarly, if trespassing involves entering a home or dwelling, it may be considered criminal trespass in the first degree, which is also a felony offense. In addition, certain types of trespassing, such as on critical infrastructure or government property, may also be considered a felony offense.

It's important to note that the specific penalties for trespassing in Georgia can vary depending on the severity of the offense and other factors, such as whether the offender was armed at the time of the offense. If you've been charged with trespassing in Georgia, it's essential to consult with an experienced criminal defense attorney who can evaluate your case and advise you on your legal options.

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