Philip N. Clark, Esq.
Criminal trespassing may sound like a minor offense—but don’t be misled. A conviction can carry lasting consequences, including a criminal record, fines, and in some cases, jail time. I’m Philip N. Clark, an experienced attorney for trespassing serving clients in Nashville and Davidson County. If you’ve been charged with trespassing, you need skilled legal representation to help you avoid unnecessary penalties and defend your rights.
Under Tennessee law, criminal trespassing occurs when someone knowingly enters or remains on another person’s property without consent. What makes the difference in court is often your intent and whether you had reason to believe you were permitted to be there. As a lawyer for trespassing, I take the time to investigate all the facts: Was there proper signage? Were you ever asked to leave? Was there any actual interference with the property owner’s use of their space?
Many people are surprised to find themselves facing trespassing charges after a misunderstanding or miscommunication. That’s why having a knowledgeable attorney for trespassing on your side is critical. I work to highlight reasonable explanations for your presence and argue for dismissal or reduction whenever possible. I’ve helped clients in similar situations walk away from charges entirely or avoid harsh outcomes.
As your lawyer for trespassing, I’ll ensure your side of the story is heard and that your rights are fully protected throughout the legal process. Whether it was an alleged incident on private property, commercial premises, or public land, I’ll build a defense tailored to the facts of your case.
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Types of Trespassing
There are different penalties for different types of trespassing. A person could be arrested for Criminal Trespassing, Aggravated Criminal Trespassing, and Trespassing by Motor Vehicle.
As mentioned earlier, criminal trespassing is when a person enters or remains on a property without the owner’s consent. However, if a person were to break a lock or destroy a fence in order to enter a property they could be charged with aggravated criminal trespassing.
Trespassing by motor vehicle is defined in Tenn. Code 39-14-407 as follows:
(a) Any person who drives, parks, stands, or otherwise operates a motor vehicle on, through or within a parking area, driving area or roadway located on privately owned property which is provided for use by patrons, customers or employees of business establishments upon that property, or adjoining property or for use otherwise in connection with activities conducted upon that property, or adjoining property, after the person has been requested or ordered to leave the property or to cease doing any of the foregoing actions commits a Class C misdemeanor with no incarceration permitted. A request or order under this section may be given by a law enforcement officer or by the owner, lessee, or other person having the right to the use or control of the property, or any authorized agent or representative thereof, including, but not limited to, private security guards hired to patrol the property.
The above only consists of short, general descriptions of the laws on trespassing. Schedule an appointment with attorney, Philip N. Clark to find out more, and to start building your defense. You can also review the laws for more information at the following links:
Section 39-14-405 (Criminal Trespass)
Section 39-14-406 (Aggravated Criminal Trespass)
Section 39-14-407 (Trespass by Motor Vehicle)
Trespassing Penalties
Criminal trespass and trespass by motor vehicle are Class C misdemeanors. It should be noted that trespassing by motor vehicle does not permit incarceration. The penalties for a Class C misdemeanor include not more than 30 days in jail and a $50 fine.
Aggravated criminal trespass is a Class B misdemeanor unless 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, in which event it is a Class A misdemeanor.
Penalties for a Class A misdemeanor include up to 11 months, 29 days and/or a maximum fine of $2,500.
The penalties for a Class B Misdemeanor include not more than 6 months in jail and a $500 fine.
Call Today for a Confidential Consultation
If you’ve been charged with trespassing in Nashville or Davidson County, don’t face the legal system alone. Contact Philip N. Clark, a trusted attorney for trespassing, and take the first step toward protecting your future. Contact Philip N. Clark today for a free consultation.
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(615) 785-2000
