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Is criminal trespassing a felony?

Memphis, TN |
Filed under: Criminal trespass

my husband jus got a criminal trespassing charge in memphis today while in a apartment that a felony and if convicted how long could he serve...about how much is bond for such charge? our son birthday is tuesday..cud he be out by then?/

Attorney Answers 3

  1. In Tennessee the offense of Criminal Trespass is a Class C Misdemeanor, which would be punishable by up to thirty days in jail and a $50 fine. This is not a felony charge. Bond for such a charge would typically be pretty low but could depend on your husband's criminal record.

  2. There are three charges for trespassing in TN - (1) criminal trespassing, which is a Class C misdemeanor punishable by up to 30 days in jail and up to $50 fine, and (2) aggravated criminal trespassing, which may be a Class A or B misdemeanor depending on the facts. A Class A misdemeanor is punishable for up to 11 months 29 days in jail and up to $2500 fine; a Class B misdemeanor is punishable by up to 6 months in jail and up to $500 fine; and (3) trespass by motor vehicle, which is a class C misdemeanor punishble only by a fine up to $50 - no incarceration.
    As for bond, the following is a list of factors that a magistrate shall consider when setting bond:
    (1) The defendant's length of residence in the community;
    (2) The defendant's employment status and history and financial condition;
    (3) The defendant's family ties and relationships;
    (4) The defendant's reputation, character and mental condition;
    (5) The defendant's prior criminal record, record of appearance at court proceedings, record of flight to avoid prosecution or failure to appear at court proceedings;
    (6) The nature of the offense and the apparent probability of conviction and the likely sentence;
    (7) The defendant's prior criminal record and the likelihood that because of that record the defendant will pose a risk of danger to the community;
    (8) The identity of responsible members of the community who will vouch for the defendant's reliability; however, no member of the community may vouch for more than two (2) defendants at any time while charges are still pending or a forfeiture is outstanding; and
    (9) Any other factors indicating the defendant's ties to the community or bearing on the risk of the defendant's willful failure to appear.
    Your husband should consult with a criminal defense attorney regarding his options.

    Any information provided is intended for general informational purposes only. This is NOT legal advice, and no attorney/client relationship has been created. You should consult directly with an attorney to obtain answers to any legal questions.

  3. It is not a felony.

    As far as the bond is concerned, did he get arrested or get a citation? Also, is this his only charge? In Memphis, criminal trespass is usually just a citation, and a bond is not necessary.