Trespassing is a common offense in South Carolina. However, its penalties may be more serious than many people realize. If you face trespassing charges in South Carolina, it makes sense to approach your legal defense in an organized, effective manner.
What are the penalties for trespassing? What is the legal definition of this offense? Which defense strategies will be helpful in your situation? You can ask all of these questions and more during your first consultation with our defense attorney.
What is the Legal Definition of Trespassing in South Carolina?
According to South Carolina law, a trespasser is anyone who enters or remains on private property without permission or “legal privilege.” In South Carolina, a property owner must tell you to leave before you can face trespassing charges. They can do this either by issuing a verbal warning or by posting a clear “no trespassing” sign. This concept is called “trespass after notice.”
Penalties for Trespassing in South Carolina
Trespassing is a misdemeanor offense in South Carolina. Specifically, you could face up to 30 days in jail and a maximum fine of $1,000. Your sentence may depend on the specific circumstances of your offense. Did the property owner warn you to stay off their land on numerous occasions? Was it a simple misunderstanding? Is there reason to believe you entered the property to commit some crime or nefarious act? These are all factors that a judge could consider when sentencing you.
Trespassing Can Lead to More Serious Offenses
Trespassing is just one example of a criminal offense you could face if you venture onto someone else’s property. If you committed property damage while trespassing, you could face additional vandalism (malicious injury) charges. If the authorities believe you entered the property with the intention of committing another offense, you could face burglary charges. As a result, you may face felony and misdemeanor trespassing charges.
Potential Defense Strategies for Trespassing Charges
One of the most obvious ways to challenge a trespassing charge in South Carolina is by arguing that the property owner never told you to leave. You may do this by pointing out that the property owner never told you to leave or failed to post clear “no trespassing” signs. Another potential defense is to argue that you trespassed accidentally. Perhaps you got lost and wandered too far.
Of course, you could also simply plead guilty and pursue a plea deal of some kind. This might be the best option if the evidence against you seems insurmountable.
Where Can I Find a Trespassing Defense Attorney in South Carolina?
If you are seeking a trespassing defense attorney, consider scheduling a consultation with Beasley Tomlinson Law. With our help, you can approach your trespassing charges with confidence. Contact us today at 864-712-4282 or visit us online to discuss potential defense strategies.
