Criminal Trespass Attorney
A criminal trespass charge can arise from a genuine misunderstanding about whether someone had permission to be on a property. At DeVore Law, PLLC, criminal trespass charges are handled exclusively by Devin S. DeVore, who represents clients throughout Knoxville and East Tennessee.
Because consent is often implied unless the owner clearly communicated otherwise, whether that communication actually happened is frequently the entire case.
Criminal Trespass in Tennessee — What You Need to Know
A person commits criminal trespass by entering or remaining on property, or any portion of property, without the consent of the owner. Consent can be inferred for property used for commercial activity open to the general public, or for other property where the owner has communicated an intent that it be open to the public, unless the owner has clearly communicated otherwise.
Criminal trespass is a Class C misdemeanor, punishable by up to 30 days in jail and a fine up to $50.
How DeVore Law, PLLC Can Help
The Criminal Trespass Case Timeline
When Consent Is Inferred
Property Open to the Public
Commercial property generally available to the public carries an inferred consent to enter.
Clear Communication Otherwise
An owner can revoke that inferred consent through clear communication, such as a verbal warning or posted notice.
Private Property
Non-commercial property not held open to the public requires actual consent from the owner to avoid a trespass charge.
Common Areas of Focus
Notice and Signage
Whether clear signage or a direct warning was actually present often determines whether the charge holds up.
Prior Permission
Many trespass allegations arise where the person believed they had permission from someone with actual or apparent authority to grant it.
Public vs. Private Property
The default rule differs sharply depending on whether the property is generally open to the public.
First-Time Offender Options
Many first-time criminal trespass cases qualify for diversion, keeping the charge off the client’s record.
What to Expect — The Defense Process
01
Case Review
We review the citation, any signage or notice evidence, and the property’s status.
02
Diversion Evaluation
For eligible clients, we pursue diversion to avoid a permanent conviction.
03
Negotiation
Where diversion isn’t available, we negotiate the most favorable resolution.
04
Resolution
We finalize the case through dismissal, diversion, plea, or trial.
Why Work With Devin DeVore for Your Criminal Trespass Case
Criminal trespass defense at DeVore Law, PLLC is not delegated between attorneys. Devin DeVore personally handles every case, offering:
Direct access to your attorney
Personal handling of every case
Membership in the Tennessee and Knoxville Bar Associations
Familiarity with local courts and diversion programs
Practical advice focused on protecting your record
Speak With a Criminal Trespass Attorney
If you’ve been charged with criminal trespass, Devin DeVore can review the notice and consent issues in your case.
Contact DeVore Law, PLLC to schedule a consultation and discuss your case with an attorney who has stood on both sides of the courtroom.