Oliver Oden recorded two men BASE jumping off of a crane in Midtown Atlanta late Saturday night. Both jumpers can be seen parachuting from the crane located between 4th St and Spring St. Oden saw both people land safely, but APD has caught wind of the incident.
Atlanta police have reported that if the jumpers are caught, they will definitely face charges.
Two BASE jumpers were arrested in Cobb County earlier this year for criminal trespass after jumping from a water tower. As a result and as an Atlanta Criminal Defense Attorney, I will outline the offense of criminal trespass in our state because that is most likely what the two men are facing.
Criminal Trespass in Georgia
According to the Georgia Code, there are multiple ways that someone can commit the offense of criminal trespass in Georgia.
- When a person intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less; or
- When a person knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.
- When a person 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;
- When a person knowingly and without authority 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
- When a person knowingly and without authority 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.
- When a person intentionally defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more deceased persons who served in the military. O.C.G.A. §16-7-21.
The prosecution must show that the accused is guilty beyond a reasonable doubt in order for the accused person to be convicted. This can be done by showing how the accused person remained on the land or property without authority.
Criminal trespass is classified as a misdemeanor. The penalty can include either a fine up to $1,000.00, up to one year in prison, or both.
The Atlanta Police Department has refrained from commenting about whether or not they are pursuing a case against the two BASE jumpers in the video. However, if they do, the two are probably facing more than a criminal trespass charge - most likely a charge for reckless conduct in Georgia as well.
If you or a loved one has been arrested in Atlanta, contact an Atlanta Criminal Defense Lawyer today. We can investigate all of the factors surrounding your case and determine which Georgia Criminal Defenses may apply. Contact us now.