Criminal Trespass is a property crime in that is commonly committed in Texas. It is an offense that is often taken lightly until the alleged offender realizes the potential repercussions. If convicted of criminal trespass, an individual can face years behind bars and be ordered to pay thousands of dollars in fines. In order to increase your chances of avoiding these penalties, it is important to contact an experienced Dallas property crimes attorney to help you defend yourself against these allegations.
Dallas Criminal Trespass Defense Attorney
The defense attorneys at Law Offices of Richard C. McConathy are passionate about defending cases like yours and have over a decade of criminal defense experience. If you have been charged with criminal Trespass in Dallas, Richardson, Plano, Mesquite, Denton, McKinney, Fort Worth, Arlington, Irving, or any of the surrounding areas schedule your free consultation with Law Offices of Richard C. McConathy today.
Our team will fight to protect your rights. Call (972) 233-5700 or use our online contact form today to set up your free consultation.
Information Center for Criminal Trespass in Texas
According to Texas Penal Code § 30.05, an individual is guilty of criminal trespass if he or she enters or remains on another person’s property without the consent of the owner, and had notice or did not leave after being given notice that their entry was forbidden.
Criminal trespass commonly occurs in buildings, boats, aircrafts, vehicles, recreational vehicle parks, or on agricultural land and residential land. Individuals, such as police officers, who are entering onto property to perform a job duty, are usually exempt from this law.
Under Texas law, “notice” means any written or oral communication by the owner of the property. Proper notice can include but is not limited to, fencing that is clearly designed to keep people or things out or in, a sign at the property’s entrance that can be reasonably seen by any would-be intruder, the presence of agriculture that is being cultivated or harvested.
In Texas, criminal trespassing is usually a Class B misdemeanor. However, under certain circumstances, the charges can either be upgraded or reduced. If the offense occurred on agricultural land within 100 feet of its boundaries or on residential land within 100 feet of a protected freshwater are, it can be reduced to a Class C misdemeanor.
Criminal trespass can be upgraded to a Class A misdemeanor if it is committed in a shelter center, habitation, critical infrastructure facility, or if the defendant was in possession of a deadly weapon during the commission of the offense.
If an individual is convicted of a Class C misdemeanor, he or she will be ordered to pay a fine of up to $500.
Individuals charged with Class B misdemeanors face a potential of 180 days behind bars, and/or up to a $2,000 fine.
Class A misdemeanors are punishable by up to a year in jail, and/or a fine up to $4,000.
Even if an individual is licensed to carry a concealed handgun, if he or she does so after being notified that carrying a concealed weapon on the property was forbidden, he or she can be charged with a Class A misdemeanor.
Taking your Public or Private Trespassing Charge Seriously
Criminal trespass charge than individuals often take lightly. However, the penalties associated with the crime should be taken very seriously. If you have been charged with criminal trespass in the counties of Dallas, Collin, Tarrant, Denton, or the surrounding areas, protect your rights by hiring the experienced Dallas criminal defense attorneys at Law Offices of Richard C. McConathy.