Carrollton, GA asked in Criminal Law for Georgia

Q: I was arrested on criminal trespass. I rent and am listed on the Lease. They only damage was to our kitchen table.

My question is how is it possible to be arrested for trespass when you're on the lease and no part of the home or the structure of the home were damaged. The only damage was to a kitchen table, That is owned by my wife and I . ( like all the other furniture and appliances in the home we have been married for 23 years, but this particular day we had an argument and I ended up destroying them table

Thank you so much for your time

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1 Lawyer Answer
David Edward Boyle
David Edward Boyle
Answered
  • Criminal Law Lawyer
  • Monroe, GA
  • Licensed in Georgia

A: Under GA law, if you damage property belonging to another (i.e. your wife) you can be charged with criminal trespass. If you intentionally damage jointly owned property you must have permission of all of the owners. The law is an odd one in your situation. While you can be charged it does not mean you will be prosecuted and/or convicted. Many folks are arrested for the charge to defuse the situation and prevent any further escalation. Obviously someone called the police because of it.

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