Houston Criminal Trespassing Lawyer – Brett A. Podolsky
Criminal trespassing is defined in Section 30.05 of the Texas Penal Code. When someone has been accused of criminal trespassing, it may be necessary to employ a Houston area criminal trespass lawyer to dispute the charges and avoid being burdened with a criminal record. The outcome of a criminal trespassing case may hinge on legal technicalities that only a knowledgeable criminal defense attorney can unravel.
Criminal Trespass Laws
Criminal trespassing is often more complicated than simply entering someone else’s property. A charge of criminal trespassing may ensue if someone who has received notice that entry is prohibited ignores the clear intent of the property owner and enters anyway. Refusing to leave someone’s property after being told to depart also constitutes criminal trespassing. Under the law, there are five basic ways to provide legal notice concerning trespassing:
- Written or oral communication by the property owner or representative
- An enclosure that is obviously intended to restrict access or enclose livestock
- A visible sign prohibiting entrance to a building or property
- Visible purple paint marks of the required size and placement on posts or trees
- A visible crop that will be harvested for human consumption
Criminal Trespass Penalties
Accessing someone’s property, vehicle or aircraft against the wishes of the owner could result in a filed criminal trespassing charge. The following penalties are available to local prosecutors:
- Class C misdemeanor: Up to a $500 fine
- Class B misdemeanor: Up to 180 days in jail and a fine of no more than $2,000
- Class A misdemeanor: Up to one year in jail and a fine of no more than $4,000
A Class C misdemeanor is generally reserved for trespassing on agricultural land. Land is regarded as agricultural if it is appropriate for animals, plants or trees. The more serious Class A misdemeanor charge is available for home trespassing incidents and other similar circumstances.
Criminal Trespass Defense
Property boundaries have always been a source of contention. Sometimes, it is possible to negotiate a favorable outcome with the prosecutor. If it isn’t possible to have the case dismissed altogether, the prosecutor may be willing to reduce the trespassing charge to an infraction. An infraction does not appear on a defendant’s criminal record. In any case, a skilled criminal trespassing lawyer will carefully review the trespassing charge, the Texas Penal Code and relevant case law to build a successful defense.
Talk to a Houston Trespassing Defense Attorney
Brett A. Podolsky is a highly effective criminal defense lawyer who serves the Houston area. The criminal trespassing law requires that a trespassing notice be communicated adequately or placed properly.
Call 713-227-0087 to speak with Brett Podolsky, attorney at law, about an expert defense against criminal trespassing charges.