Call Today 803.359.3301
Defending Property Crimes Charges Contact Our Firm to Fight Your Trespassing Conviction.

Lexington Trespassing Defense Lawyer

Trespassing Laws In SC

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 trespassing.

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 a Lexington trespassing 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 excellence!

To learn more about your legal options, call us today at (803) 359-3301!

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
  • Land

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 property crime.

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.

Former Client Experiences

  • “He has assisted me with several issues.”

    Robbie B.

  • “You absolutely exceeded every possible expectation I had. I'm simply amazed at how quickly you got results for me. I am beyond happy that I hired you.”

    Former Client

  • “Thanks to you and your staff, a heavy burden has been lifted off my shoulders, and I can't thank you enough.”

    Former Client

  • “When we went to court, it went just like he said that it would, and now I do not have a CDV on my record.”

    Former Client

  • “The staff is wonderful and super hardworking.”

    Makayla M.

  • Best of Lexington Life for 2020
  • Super Lawyers
  • Lawyer.com Premium Rating
  • 10.0 Superb Avvo Rating - Top Attorney Criminal Defense
  • Better Business Bureau - Accredited Business
  • National Association of Criminal Defense Lawyers
  • South Carolina Association of Criminal Defense Lawyers
  • Top 100 Trial Lawyers - The National Trial Lawyers
  • 10.0 Superb Avvo Rating - Top Attorney DUI

Stay Updated

  • What is the difference between 2nd and 3rd degree sexual exploitation of a minor?

    What is the difference between 2 nd and 3 rd degree sexual exploitation of a minor? Sexual Exploitation of a Minor is a South Carolina criminal ...

    View More
  • Understanding False Information Charges

    False information charges hold significant weight in the realm of law enforcement, particularly in South Carolina. Anyone who knowingly provides ...

    View More
  • Challenging DUAC Charges

    Driving with unlawful alcohol concentration (DUAC) charges (distinct from DUI charges) can have serious consequences on your life, including fines, ...

    View More

Get Started Today

We're Available to Schedule Immediate, Same-Day Consultations
  • Please enter your name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.