Criminal trespass is a complicated offense with potentially serious consequences, but your charge doesn’t have to turn into a conviction. Reach out to Joseph Williams Law to start building your defense.
A misunderstanding, a trick, a vindictive neighbor — these are just a few of the factors that can lead to criminal trespass charges in Georgia.
You shouldn’t face legal punishments for those things, but you still might. That’s why so many people in your situation hire a Georgia criminal trespass lawyer. Even if you did do what you’re accused of, you still deserve a strong legal defense. That’s just how our legal system is designed to work — it’s your right.
If you are facing criminal trespass charges in Georgia, you need to understand your situation and know your options. At Joseph Williams Law, we are here to provide you with the information and defense you need.
Let’s explore what criminal trespass means, the potential penalties, and how we can help below. If you’re ready to start working on your defense, reach out to our legal team by calling 912-259-6548 or contacting us online.
What Is Criminal Trespass?
In Georgia, one of the main ways criminal trespass occurs is when someone enters or remains on another person’s private property without permission.
But that’s not the only way you can end up with this charge. According to other subsections of the criminal trespass statute, criminal trespass can also occur by:
- Entering someone else’s land or building without consent
- Refusing to leave after being asked by the property owner or other authorized person
- Damaging property worth $500 or less
This is not an exhaustive list of situations that can lead to this charge, and understanding the specifics of your charge is crucial in preparing your defense.
If you’re confused, that’s OK — most people are at this stage. That’s just a sign that it may be time to speak with an attorney.
Potential Penalties for Criminal Trespass
Criminal trespass is a misdemeanor in Georgia. If convicted, you may face:
- Up to 12 months in jail
- Fines up to $1,000
- Probation
- Community service
These penalties can impact your life more than you may realize, so it’s important to take these criminal charges seriously.
It is almost always better to avoid a conviction entirely. An experienced criminal defense lawyer can help you build a strategy and defense to do exactly that.
Defending Against Criminal Trespass Charges
Despite what they may want you to believe, the word of the police and prosecutors isn’t the final word. Our legal system only works if you, the accused, are able to mount a robust and fair defense against your charge.
In other words, you have a right to fight this charge. Unfortunately, going toe to toe with an experienced prosecutor and police officer can make for a tough fight.
The right attorney in your corner can make that fight much fairer.
At Joseph Williams Law, we have in-depth experience defending against criminal trespass charges. Here are some common defenses we’ve seen and used:
Lack of Intent
We may argue that you did not intend to trespass. Intent is one of the key elements of criminal trespass under Georgia’s penal code. It could be that you accidentally wandered onto the property.
Permission
If you had permission to be on the property, this can be a strong criminal defense. We can look for ways to prove that you did have permission.
Mistaken Identity
We may present evidence that you were not the person who trespassed. This defense often doesn’t work with other criminal offenses, but for this charge it can work really well.
Insufficient Evidence
We may be able to challenge the prosecution’s evidence. If they can’t prove you were unlawfully on someone else’s property, you may avoid conviction. We may also be able to argue that you never received notice to leave or that the person who told you to leave was not authorized to give that command.
The Legal Process for Criminal Trespass Charges in Georgia
In a time of extreme stress and uncertainty, understanding the legal process can help you feel more prepared. Here’s what to expect as you’re charged with criminal trespass in Georgia:
Arrest
If arrested for criminal trespass, you will be taken to jail. Since it is a misdemeanor, you should be immediately entitled to a bond on this specific charge.
Arraignment
At your arraignment you’ll hear the criminal trespass charge read to you, and you’ll be asked to enter a plea. Depending on the details of your case, you may say guilty, not guilty, or no contest. It’s generally best to always enter a not guilty plea at arraignment.
Pre-Trial
During the pre-trial phase, we will likely gather evidence, review discovery, negotiate with the prosecution, and prepare your defense.
The negotiation part can be key here. In many cases, we’ll be negotiating with the prosecution to get your charges reduced or dropped. If that happens, your outlook can become a lot brighter.
Trial
If your case goes to trial, we present your defense to a judge or jury. We’ll fight hard for you and won’t give up until your case is completely resolved.
Why Choose Joseph Williams Law?
Choosing the right attorney is crucial when facing criminal trespass charges. Here’s why Joseph Williams Law stands out:
Deep Legal Knowledge
We have in-depth knowledge of Georgia’s laws regarding criminal trespass, ensuring you get a strong and tailored defense.
Dedicated Support
Our team wins or loses with your case. That’s why our law firm offers personalized support and attention to detail.
Strategic Defense
We develop strategic defense plans to challenge the prosecution’s case and protect your rights.
Success Stories
Our history of successful defenses speaks volumes about our commitment and capability in handling criminal trespass cases. Although past successes don’t guarantee future results, they can give you an idea of an attorney’s knowledge and experience.
Reach Out to a Georgia Criminal Trespass Attorney
If you’re facing criminal trespass charges, don’t delay. Contact Joseph Williams Law today for a free consultation. We’re here to guide you through the legal process and work toward the best possible outcome for your case.
Facing criminal trespass charges can be overwhelming, but you don’t have to do it alone. Joseph Williams Law is committed to defending your rights and ensuring a fair trial. Contact us today — by phone at 912-259-6548 or online — to find out how we can assist you in this challenging time.