Can I Face Criminal Charges for Trespassing in South Carolina?

Trespassing is often misunderstood as a minor violation, but in South Carolina, it can be a criminal offense with serious consequences. If you are facing trespassing charges, knowing and understanding your options is important. 

At Barboza Law, we understand how stressful criminal charges can be. We are committed to defending your rights and seeking the best possible outcome. If you are facing trespassing charges, let our experienced criminal defense lawyer in Rock Hill, SC, provide the skilled representation you need. 

What Are the Penalties for Trespassing in South Carolina?

South Carolina offenses against property, or trespassing laws, can be convoluted, making the charges difficult to challenge in some cases. The state defines the violation as “trespass after notice,” where the notice can be anything from a verbal warning to formal written notice. 

Trespassing penalties can vary widely. Oftentimes, penalties are issued based on the type of property. For example, trespassing on land may carry less severe penalties than trespassing on school property. 

A conviction of trespassing may involve:

• Jail for up to 30 days
• Penalties of up to $200

Other factors may increase the severity of penalties, like trespassing with intent to commit another crime, damaging property, violating an order of protection, or other property crimes.

The Strategic Role of Your Criminal Defense Lawyer in Rock Hill

If you are facing trespassing charges in South Carolina, having an experienced criminal defense attorney in Rock Hill by your side can make a critical difference. At Barboza Law, we can help:

• Evaluate evidence: Your attorney can look over the circumstances of your arrest, looking for ways to challenge the manner of the arrest or the validity of the trespassing warning.
• Establish a lack of intent: Some charges of trespassing can result from misunderstandings between people. If you did not knowingly trespass, or were given no warnings or notice, your lawyer can fight for reduced or dismissed charges. 
• Negotiations: Depending on the circumstances, your attorney may be able to negotiate with the prosecution for a favorable resolution.
• Representation in court: Going to trial can be very intimidating. An experienced lawyer can help you navigate the challenging aspects of a trial while fighting for your best interests.

Attorney Barboza has extensive experience, both as a prosecutor and a criminal defense lawyer. Her unique perspective and insight allows her to better understand the prosecution's strategy and anticipate their moves. 

How Does South Carolina Define Trespassing? 

Trespassing is broadly defined as unlawfully entering a person’s private property or remaining there after being warned to leave. Generally, trespassing laws in South Carolina protect private property, including:

• Private property: If you enter a home, yard, or land without permission, you may be charged with trespassing. In addition, you may be accused of trespassing if the property owner initially invited you or if you had a legitimate reason to be there, and you are asked to leave but refuse to do so. 
• Businesses: Many places of business have “Employees Only” or “No Loitering” signs. If you enter a restricted area or refuse to leave after the property owner asks, you may be charged with trespassing. 
• School property: In the wake of increased security measures for schools, entering school grounds without authorization is a separate offense under state law. You may be considered trespassing on school property if you enter the school grounds, campus, or facilities without permission from officials, even during school hours. 
• Government property: Government property includes everything from local municipal buildings to federal or state-owned land. If you enter a government building, military base, or other restricted areas, you may be charged with trespassing. 

Trespassing charges in Rock Hill, SC, can lead to significant consequences for those accused. Understanding the potential penalties involved and how you can protect your rights is crucial to navigating these serious allegations. 

Barboza Law, Strong Representation You Can Trust

Founding attorney Sabreena Barboza has extensive experience as both a prosecutor and a criminal defense lawyer. She brings this unique insight to help individuals protect their rights and mitigate the damaging consequences of an arrest. 

Our firm prides itself on being affordable and flexible with transparent pricing. If you have been accused of trespassing, you need a highly skilled, experienced Rock Hill, SC, criminal defense attorney. Call (803) 973-6003 to schedule your confidential consultation today.