Sometimes, a disagreement over property access can become a criminal issue. You might have returned to a property after being told to leave, entered an area without authorization, or gotten into a confrontation with someone who doesn’t want you there.
Under the law, these scenarios could be considered aggravated criminal trespass in Tennessee. If you have been charged, it is different from ordinary criminal trespass. Here is how Tennessee classifies the charge and what the prosecution must prove in your case.
What Is Aggravated Criminal Trespass?
Under Tennessee Code Annotated § 39-14-406, aggravated criminal trespass involves entering or remaining on someone else’s property without the owner’s consent. This can happen when a person knows they do not have permission to be on the property and intends, knows, or acts recklessly regarding whether their presence will cause another person to fear for their safety.
The statute also covers entering property by damaging or removing barriers intended to keep trespassers out, along with recklessly damaging property while unlawfully present.
In short, aggravated criminal trespass is more than being somewhere you’re not supposed to be.
How Is This Different from Criminal Trespass?
Ordinary criminal trespass and aggravated criminal trespass have different legal requirements.
Under Tennessee Code Annotated § 39-14-405, criminal trespass occurs when someone knowingly enters or remains on property without the owner’s consent. This is classified as a Class C misdemeanor.
However, aggravated criminal trespass has additional circumstances that make the alleged conduct more serious. These may include:
- Conduct that causes another person to fear for their safety
- Damaging or removing a barrier to gain entry
- Recklessly damaging property while on the premises
A charge of aggravated criminal trespass has more consequences than a basic trespassing offense.
What Are the Penalties?
Under Tennessee law, aggravated criminal trespass is a Class B misdemeanor. However, there are a few circumstances that can increase the severity of the charge. For example:
- Class B misdemeanor: The general classification for aggravated criminal trespass.
- Class A misdemeanor: The charge becomes a Class A misdemeanor when the offense occurs in a habitation, a hospital building, or on the campus, property, or facilities of a public or private school.
- Class E felony: Certain aggravated criminal trespass offenses involving residential property occupied by a law enforcement officer, active-duty military member, judge, or elected or appointed government official can qualify as a Class E felony when committed with the specific intent to harass that person because of their position.
Any misdemeanor conviction can result in jail time, fines, and a criminal record. But a felony conviction carries even more serious consequences that may affect employment, housing, and other opportunities.
Can You Fight an Aggravated Criminal Trespass Charge?
Remember that a charge does not automatically mean you’re guilty. It is the prosecution’s job to establish the required elements of the offense beyond a reasonable doubt.
Depending on the facts, your criminal defense team could raise several issues.
Did You Have Permission to Be There?
Some disputes over consent can occur in situations involving former partners, family members, roommates, landlords, and property owners. Evidence of permission, or the circumstances surrounding access to the property, is important.
Did You Know You Lacked Consent?
The prosecution must establish that you knew the owner did not consent. What you were told, when you were told, and whether you understood you were prohibited from entering all play a role.
Do the Circumstances Support the Charge?
The prosecution must also establish additional elements of aggravated criminal trespass. A disagreement or unwanted visit does not automatically meet the state’s legal requirements.
Is The Evidence Reliable?
Witness statements, surveillance footage, text messages, photographs, and other available evidence can help establish what actually happened.
Since every case is not the same, your defense depends on the allegations, the evidence, and the circumstances surrounding the incident. This is why you will want to reach out to an experienced criminal defense lawyer as soon as possible.
Get the Right Legal Help for Your Defense
Aggravated criminal trespass in Tennessee is a serious charge. You deserve to know your rights and have someone take your side of the story seriously.
At DeVore Law PLLC, we know that criminal charges involve real people with potentially life-changing consequences. If you’re facing an aggravated criminal trespass charge, reach out to us to schedule a consultation.
