Trespassing Charges in Lexington
The Criminal Penalties for Trespassing in South Carolina
South Carolina's trespassing law is a criminal statute. It is codified
in S.C. Code §16-11-620. Although it is a misdemeanor, prosecuted
typically in the magistrate or municipal court, it carries harsh penalties
for a conviction.
First-time offenders can be fined up to $1,000 or sentenced to up to 30 days in the county jail. In addition to the fine
and jail sentence you could receive if convicted you will also face having
a criminal record that could follow you for the rest of your life. In
South Carolina, employers are allowed to either not hire you or terminate
existing employment on the basis of a criminal conviction such as for
If you or someone you love has recently been accused of committing such
an offense in South Carolina, you should waste no time in consulting with
criminal defense attorney from our firm. The
Law Office of James R. Snell, Jr., LLC is backed by years of experience and has handled hundreds of cases. Since
our founding, we have made a name for ourselves as a firm committed to
To learn more about your legal options,
contact us today!
Definition of Trespassing in South Carolina
Trespass is the unauthorized entry onto the land or building of another.
The trespass statute makes it unlawful to enter onto the property without
permission of the owner or person in possession of the property after
either being warned not to enter or being asked to leave.
The law applies to the following:
- Private residences
- Commercial buildings
Generally, it is not against our criminal law to be on someone else's
property without permission. It only becomes a criminal act when they
have posted signs, asked you to leave or previously told you (either orally
or in writing) not to come on the property.
Trespass charges can also be based on situations where someone has climbed
over a fence. Although trespass charges are oftentimes accompanied by
other charges, such as burglary or larceny, there is no requirement that
the defendant have an ultimate criminal objective in order to achieve
a conviction for this
You Can Also Be Sued for Trespassing. Call Our Firm Today!
Defendants should also keep in mind that although the criminal statute
for trespassing carries limited fines, facts sufficient to constitute
an arrest or criminal conviction will also support a civil action for
trespass. Civil cases are brought in the form of a private lawsuit, and
do not involve the police or criminal court. Although restitution is generally
limited in criminal cases to no more than $5,000 (plus the fine and /
or jail sentence), there is no cap on what a civil court could award in damages.
Contact our office for high-quality legal assistance for your trespassing charges in Lexington. We also work with clients in
Columbia, South Carolina and other parts of the state.