Georgia Trespassing Penalties (2026)

Criminal trespassing charges charges in Georgia: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing trespassing charges in Georgia, consult a licensed Georgia criminal defense attorney.

Georgia Trespassing Penalties

OffensePenalty
First OffenseMisdemeanor: up to 12 months, $1,000 fine
Second OffenseRepeat: misdemeanor of high aggravation

OCGA §16-7-21

Trespassing Statute of Limitations in Georgia

In Georgia, the statute of limitations for theft and property crimes is generally 4 years.

See all Georgia statutes of limitations →

Defending Against Trespassing Charges in Georgia

Common defenses in Georgia trespassing cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Georgia criminal defense attorney for advice.

Related Georgia Laws