Criminal Trespass

Trespassing on someone’s property can happen when you are taking a shortcut home on the way home from the store through a neighbor’s yard or when miss a shot on a large buck that went onto a piece of land that adjoined that hunting ground. These issues are usually minor to deal with and misdemeanors with less than a year for the most egregious trespassing. At the Law Offices of Amanda Gentry, with years of experience helping clients through the criminal court system and straightforward honesty we will guide you through the legal system and back where you belong at home.

What is Trespassing? § 39-14-405

Criminal trespassing is simply explained as entering or remaining on someone’s property without permission. It is a Class C misdemeanor meaning:

  1. No more than 30 days in jail
  2. A Maximum fine of $50
What is Trespass by Motor Vehicle? § 39-14-407

This is a type of trespass that applies to businesses only and is against individuals that take up a space reserved for use by the business. This is a Class C misdemeanor with no jail time available for it and a maximum fine of $50.

What is Aggravated Criminal Trespass?

There are three types of aggravated criminal trespass that deal with specific places that are intruded or the purpose of the intrusion.

The elements of aggravated criminal trespass according to § 39-14-406 are:

  1. Someone gets on another’s property and:
    1. Knows that they are not allowed there or
    2. Acts in a manner that cause their presence to make someone afraid or
    3. Enters into an area that has barred access to the premises by manipulating the barrier
  2. This is a Class B misdemeanor meaning:
    1. No more than 6 month in jail
    2. A maximum fine of $500
  3. Doing so in a home, hospital, or school makes it a Class A misdemeanor meaning
    1. Less than 11 months and 29 days in jail
    2. Maximum Fine of $2,500
  4. Trespassing on railroad property with the intent to harm or on a construction, utility, or telephone company with ill intent is also a Class A misdemeanor.