Facing criminal trespass charges in Tennessee can be stressful, especially if you believe the situation was a misunderstanding.
A criminal trespass case may depend on questions like whether you had permission to be on the property, whether you were told to leave, and what evidence exists.
If you are facing criminal trespass charges in Tennessee, here is what you need to know.
What Is Criminal Trespass in Tennessee?
Under Tennessee law, criminal trespass involves knowingly entering or remaining on property without the owner’s permission or after being told you cannot be there.
That word “knowingly” is very important.
A misunderstanding, confusion about permission, or lack of notice may make a difference in how a case is handled. Remember that the circumstances surrounding the situation are important.
For example, there can be a big difference between someone who intentionally refuses to leave after being told they are not welcome and someone who believes they had permission to be there.
What Are Some Situations Where Criminal Trespass Charges Happen?
Criminal trespass cases might seem like a minor problem. Some of these situations may include:
- Being on someone’s property after being told to leave
- Returning to a business or location after being asked not to return
- Entering an area marked as private or restricted
- Remaining somewhere after permission has been revoked
- Being accused of entering property without authorization
Many times, an entire case comes down to a disagreement about what happened, what was communicated, and whether someone actually knew they were not allowed to be there.
Is Criminal Trespass a Serious Charge?
Criminal trespass is classified as a Class C misdemeanor in Tennessee. Yes, it is considered a lower-level criminal offense, but that does not mean it should be ignored.
A conviction can give you a criminal record. In turn, that can affect:
- Employment opportunities
- Housing applications
- Professional licensing
- Background checks
- Future legal matters
Unfortunately, even a misdemeanor can have consequences that can follow you for years.
Can You Go to Jail for Criminal Trespass?
In some cases, the answer is yes. A Class C misdemeanor conviction in Tennessee can include up to 30 days in jail and fines.
Keep in mind that not every person charged with criminal trespass receives the maximum penalty. Many times, these cases may be resolved through options other than a conviction.
What Is Aggravated Criminal Trespass?
There is another charge in Tennessee: aggravated criminal trespass. This involves additional circumstances that make the alleged conduct more serious, such as:
- Causing fear for another’s safety
- Damaging barriers to gain entry
- Recklessly damaging property
An aggravated criminal trespass offense carries higher consequences with a conviction. These penalties can range from a Class B misdemeanor to a Class A misdemeanor or Class E felony depending on the circumstances.
Can These Charges Be Defended?
Yes. A criminal trespass charge does not mean someone is guilty. Depending on the situation, possible defenses may involve questions such as:
- Did you actually have permission to be on the property?
- Did you know you were not allowed to be there?
- Were you properly told to leave?
- Was there a misunderstanding?
- Does the evidence support the accusation?
In some scenarios, the case could even be dismissed. Some possible resolutions for these charges may include:
- Dismissal
- Diversion programs
- Negotiated agreements
- Trial
With the help of a criminal defense attorney, they can review your case and help you discover what options may be available.
Criminal Trespass Charges Are Serious
Criminal trespass charges in Tennessee are matters that should not be ignored. With a conviction, you could end up with some jail time and have a criminal record. But not all charges lead to a conviction. The prosecution still has to prove the case, and you have the right to defend yourself.
If you are facing criminal trespass charges in Tennessee, DeVore Law PLLC can help you understand the allegations, review the evidence, and guide you through the next steps.
Reach out today to schedule a consultation.
