Is criminal trespassing a felony?
3 attorney answers
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.
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.
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.