Can I be charged with trespassing if there were no gates, fences or no trespassing signs on the property?

I was on some land with a few buddies of mine, and DNR showed up. Then 2 days later, I was served with trespassing papers. Can I fight this when we go to court?

Asked on October 18, 2013 under Criminal Law, South Carolina


Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

Yes, you can be charged with trespassing if you were on someone's land without the owner's permission.  Generally, that is all that is required.  You can fight it only if you can prove you had the owner's permission to be on the property.  If you did not have permission, you should try to plead to a lesser charge, perhaps a civil violation with a fine.  You might want to consider hiring a criminal defense attorney to get the best possible deal.

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