At The McDaniel Law Firm, we know facing criminal charges like Criminal Trespass can be incredibly confusing and frightening. Our expert defense attorneys in Memphis will help you understand your charges and determine your options. Our attorneys will work with you to develop an aggressive defense strategy that delivers the best possible outcome.
Criminal Trespass Laws in Tennessee
Criminal Trespass - According to Tennessee Law, a person commits Criminal Trespass if the person enters or remains on property, or any portion of property, without the consent of the owner.
It is a defense to prosecution under this section that:
(1) A person entered or remained on property that the person reasonably believed to be property for which the owner's consent to enter had been granted;
(2) The person's conduct did not substantially interfere with the owner's use of the property; and
(3) The person immediately left the property upon request.
These defenses to prosecution shall not be applicable to a person violating this section if the property owner posts the property with signs that are visible at all major points of ingress to the property being posted and the signs are reasonably likely to come to the attention of a person entering the property.
It is a defense to prosecution under this section that:
(1) A person entered or remained on property that the person reasonably believed to be property for which the owner's consent to enter had been granted;
(2) The person's conduct did not substantially interfere with the owner's use of the property; and
(3) The person immediately left the property upon request.
These defenses to prosecution shall not be applicable to a person violating this section if the property owner posts the property with signs that are visible at all major points of ingress to the property being posted and the signs are reasonably likely to come to the attention of a person entering the property.
Aggravated Criminal Trespass - According to Tennessee Law, a person commits Aggravated Criminal Trespass who enters or remains on property when:
(1) The person knows the person does not have the property owner's effective consent to do so; and
(2) The person intends, knows, or is reckless about whether such person's presence will cause fear for the safety of another; or
(3) The person, in order to gain entry to the property, destroys, cuts, vandalizes, alters or removes a gate, signage, fencing, lock, chain or other barrier designed to keep trespassers from entering the property.
(1) The person knows the person does not have the property owner's effective consent to do so; and
(2) The person intends, knows, or is reckless about whether such person's presence will cause fear for the safety of another; or
(3) The person, in order to gain entry to the property, destroys, cuts, vandalizes, alters or removes a gate, signage, fencing, lock, chain or other barrier designed to keep trespassers from entering the property.
Possible Penalties for a Criminal Trespass Conviction:
- Criminal Trespass is a Class C Misdemeanor which can carry up to 30 days in jail and up to a $50 fine and court costs.
- Aggravated Criminal Trespass is a Class B misdemeanor which can carry up to 6 months in jail and up to a $500 fine. It is a Class A Misdemeanor if it was committed in a habitation, in a building of any hospital, or on the campus, property, or facilities of any private or public school.
Aggravated Criminal Trespass on a construction site or on a railroad property are also Class A misdemeanors. Class A Misdemeanors are punishable by up to 11 months and 29 days in jail and up to a $2,500 fine.
Protect Your Future with a Strong Defense
The McDaniel Law Firm has 37 years of experience representing clients charged with criminal charges, such as Criminal Trespass. We provide personalized service and work diligently to provide you the strongest defense in order to achieve the very best possible outcome for your case.
Call The McDaniel Law Firm to discuss your case or to schedule a Free Consultation – 901-527-6518