All the details on how law enforcement keeps the county safe
Trespassing may sound straightforward, but it can be an incredibly complex crime.
“I wouldn’t want somebody coming out onto my property,” Gilmer County Sheriff’s Office (GCSO) Captain Frank Copeland said.
Even in the complexity, one thing is very clear. It’s not legal in Georgia to shoot trespassers on sight. And threatening to shoot them could land you in legal trouble, too.
“Some people consider trespassing to be a very egregious offense and think that they have the right to threaten people with firearms. And they don’t,” Copeland said.
If they do, sometimes they can end up being arrested.
Trespassing cases can quickly get dangerous for everyone involved if someone gets “hotheaded,” Copeland said.
Legally, criminal trespassing can take several forms. Causing $500 of damage or less to someone’s property; knowingly and maliciously tampering with someone’s property; entering someone else’s property for unlawful reasons; knowingly entering someone else’s property and refusing to leave a property after receiving notice are all forms of criminal trespassing.
Trespassing is a misdemeanor. People who do it can receive a fine of up to $1,000, up to a year in prison or both.
Over the past year, GCSO has received 292 calls related to trespassing.
“Every case is a wee bit different,” Copeland said.
Trespassers come in all kinds, Copeland said.
A few are criminals trying to threaten property owners. Some are kids playing in the woods. Others are hunters trying to track down a dying deer. And others are relatives or neighbors who have a property dispute.
Property disputes involving trespassing can be extremely complex.
“It can become a turf war between two neighbors,” Copeland said. “It happens quite a lot.”
If you find a trespasser on your property, you should try to identify them.
“They may not want to tell you, and they may turn around and walk away,” Copeland said. “That’s fine.”
Sometimes it can be helpful to get their license plate numbers.
After that, you should report the trespasser to the GCSO.
The GCSO will then try to deliver the trespasser a criminal trespass warning.
“We’ll try to take care of it as best we can,” Copeland said.
In Georgia, someone must have been warned ahead of time to stay off a property before they can be arrested for trespassing.
After that, it’s possible for the GCSO to take legal action.
“If you want them to be warned off of your property, then you’re going to have to get us involved,” Copeland said.
After these steps, it’s best to handle trespassing cases in court.
“A lot of times, people want us to make some quick decision and go arrest them,” Copeland said. “Legally, it’s just not possible.”
If you find out that you’ve been trespassing unintentionally, you should leave the property.
It’s important to research what land you can go on legally.
“It’s good to have the permission of the property owner to be out there,” Copeland said. “If you don’t, then just don’t do it.