a close-up of a hand with handcuffs

Criminal Trespass Attorney Serving Tennessee

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

Challenging whether the property was open to the public
Contesting whether the client received clear notice they were not to enter or remain
Reviewing signage, postings, and prior communications regarding access
Negotiating dismissal or diversion for first-time offenders
Judicial diversion petitions to avoid a permanent record
Representation at arraignment and trial
Coordinating defense with any related charges from the same incident
Expungement guidance after case resolution
Advising on record and employment impact
Challenging unlawful stops or detentions connected to the charge

The Criminal Trespass Case Timeline

Citation or arrest based on the alleged unauthorized presence
Arraignment in General Sessions Court
Review of signage, notice, and any prior warnings given
Negotiation or diversion petition
Resolution by dismissal, diversion, plea, or trial

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.

Two professionals in dress shirts and ties engaged in discussion over documents and a tablet at a meeting table.

02

Diversion Evaluation

For eligible clients, we pursue diversion to avoid a permanent conviction.

Two professionals in business attire discussing documents and resumes at a wooden desk.

03

Negotiation

Where diversion isn’t available, we negotiate the most favorable resolution.

Man in black suit holding brass balance scales on wooden desk.

04

Resolution

We finalize the case through dismissal, diversion, plea, or trial.

Two individuals shaking hands over a wooden desk with legal documents and a gavel.

Why Work With Devin DeVore for Your Criminal Trespass Case

Avvo award
Client champion award
Knoxville Bar Association award
Top 100 Trial Lawyers award

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

Areas Served

Devore Law PLLC represents criminal trespass clients throughout:

Sunny city skyline with tall buildings, green trees, and a glowing golden globe tower at sunset.
Black and white photo showcasing a city skyline with tall buildings against a cloudy sky.

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.