Criminal trespassing is defined in Section 30.05 of the Texas Penal Code. While this crime is often accompanied by others, such as burglary or destruction of property, the trespassing itself is a serious crime. 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 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:
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:
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.
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.
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.
