Trespassing Defense Lawyer in Georgia | Legal.ge

TrespassingDefense

Can a landlord enter without permission?

No, entering a rented apartment without the tenant''s permission is illegal and can be charged under Article 160, even if you own it.

What is the penalty for trespassing?

The penalty ranges from a fine or community service to imprisonment for up to 2 years (without violence).

Is entering a yard considered trespassing?

Yes, a private yard counts as "other possession," and unauthorized entry is punishable under Article 160.

What if the door was open?

An open door does not imply permission to enter. If the possessor objects to your presence, you must leave.

Trespassing Defense (Article 160): Protecting Rights in Property Disputes

The inviolability of a dwelling or other possession is a constitutionally guaranteed right. Article 160 of the Criminal Code of Georgia provides for liability for illegal entry into an apartment or other possession against the will of the possessor, as well as refusal to leave. This crime differs from burglary; the focus here is on the violation of property or possession rights, not the taking of items. Charges often arise during family conflicts, landlord-tenant disputes, or property ownership disputes. For example, if a landlord forcefully enters a rented apartment, this can be qualified as a violation of Article 160. A lawyer''s role is to determine whether the person had a legal or moral right to enter and whether their action was socially dangerous.

Legal.ge offers lawyers who will help you with trespassing cases. Our specialists will protect your interests and try to resolve the case peacefully.

What Does Trespassing Defense Service Cover?

The lawyer''s service focuses on legal assessment of facts:

Establishing Right of Entry: Determining if the accused had a legal right to enter the apartment (e.g., ownership certificate, lease agreement).
Lack of Intent: Presenting evidence that entry occurred by mistake or due to urgent necessity (e.g., emergency).
Investigating "Resistance" Factor: Determining if the owner/possessor explicitly expressed refusal to entry.
Reclassification to Civil Dispute: If the conflict stems from a civil relationship (e.g., lease), the lawyer will request termination of criminal prosecution.
Plea Bargaining: Mitigating the sentence through reconciliation with the victim.

Common Scenarios

Charges are often related to:

Landlord Intrusion: An owner entering a rented apartment without the tenant''s permission.
Post-Divorce Dispute: An ex-spouse entering a shared home where the other spouse lives.
Neighbor Dispute: Conflict over territory boundaries.
Illegal Eviction: An owner forcefully evicting a possessor (even an illegal one) without police.

Georgian Legal Framework

Article 160 of the Criminal Code provides for a fine, community service, corrective labor, or imprisonment for up to 2 years. If the act is committed with violence, threat, or by a group, the sentence increases to 3 years. It is important to distinguish between "apartment" and "other possession" (e.g., garage, land plot).

Steps in the Process with a Specialist

Working with a lawyer includes:

Case Review: Analyzing property ownership documents.
Witnesses: Interviewing neighbors and eyewitnesses.
Strategy: Proving priority of civil dispute.
Court: Defense during the trial.

Why Legal.ge?

Trespassing violations often border between criminal and civil law. Legal.ge connects you with lawyers who will help you avoid criminalization in a purely civil dispute.