Unlawful Entry

Unlawful Entry (criminal trespass) occurs when a person illegally enters property owned by others.

Unlawful Entry is a serious felony crime.
If you have been charged with unlawful entry you should contact our defense lawyers at 678-880-9360.

Georgia Unlawful Entry Laws

Key points in prosecuting unlawful entry are proving that the accused:

lacked legal authority to be on the property, or
had a reasonable belief that they were not to be on the property

Unlawful Entry Laws in Georgia

O.C.G.A. 16-7-21 addresses the charge of unlawful entry. As written, the law specifically states:

a. A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.
b.A person commits the offense of criminal trespass when he or she knowingly and without authority:
1. Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
2. Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or
3. Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.
c. For the purposes of subsection (b) of this Code section, permission to enter or invitation to enter given by a minor who is or is not present on or in the property of the minor's parent or guardian is not sufficient to allow lawful entry of another person upon the land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied by such minor's parent or guardian if such parent or guardian has previously given notice that such entry is forbidden or notice to depart.
d. A person who commits the offense of criminal trespass shall be guilty of a misdemeanor.
e. A person commits the offense of criminal trespass when he or she intentionally defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof if such grave marker, monument, memorial, plaque, or marker is privately owned or located on land which is privately owned.

Punishments for Unlawful Entry

Misdemeanor Charges: A person who commits the offense of criminal trespass will be guilty of a misdemeanor. In Georgia, misdemeanors carried the sentence of either a fine up to $1,000.00, up to one year in prison, or both.

Punishment and consequences can be more severe if other charges are involved. Many acts of criminal trespass involve theft, vandalism, arson and more. Restitution may be required where propety damage has occurred.

If You've Been Charged with Unlawful Entry

If you are under investigation for, or charged with, unlawful entry you need to contact an unlawful entry defense lawyer. It's easy to set an appointment, meet and discuss your situation and possible outcomes. Give us a call at 678-880-9360 to arrange a consultation.