According to reports, Joel Fedd and his nephew moved into a house in Gwinnett County. This move was unbeknownst to the actual owners. Fedd stated that he had a right to both the land and the house. He posted photographs of himself with the house on social media.
Fedd claimed to be taking the land back. Gwinnett County Police ended up arrested Fedd on charges of criminal trespass and making false statements to the police in Georgia.
As a Georgia Criminal Defense Lawyer, I will outline what constitutes criminal trespass in our state.
Criminal Trespass in Georgia
There are multiple ways that a person can commit the offense of criminal trespass in Georgia according to Georgia Law in O.C.G.A. §16-7-21.
A person commits criminal trespass…
- When he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less; or
- When he or she knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.
A person also commits criminal trespass when they knowingly and without authority:
- Enters on the land or premises or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
- Enters onto the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner that such entry is forbidden; or
- Remains on the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after the owner has asked the person to leave.
If convicted of criminal trespass in Georgia, the individual will be guilty of a misdemeanor. The penalty for a criminal trespass conviction includes a fine up to $1,000.00, up to one year in prison, or both.
Wrongful accusations and arrests unfortunately do happen. People also make mistakes and are in the wrong place at exactly the wrong time. If you or a loved one has been arrested, contact our offices today. A Georgia Criminal Defense Attorney can help you with your case today.