BrettpodolskyBrettpodolsky

  • Home
  • Attorney Profile
    • Hire an Affordable Houston Attorney
  • Practice Areas
    • Abuse & Harassment
      • Child Abuse
      • Child Abandonment
      • Child Injury
      • Child Protective Services
      • Child Sexual Abuse
      • The Children’s Assessment Center
      • Elder Abuse
      • Harassment
      • Hate Crimes Charges
      • Protective Order Violations
      • Stalking
    • Drug Charges
      • Cocaine Charges
      • Drug Possession
      • Drug Possession Penalties
      • Drug Trafficking Penalties
      • Marijuana Charges
      • Manufacture of Controlled Substances
      • Methamphetamine Charges
      • Possession of Controlled Substances
    • DWI
      • ALR Hearings
      • First Offense DWI
      • Second or Third DWI
      • DWI Penalties
      • DWI Blood Test
      • Field Sobriety Tests
      • DWI FAQs
      • Underage DWI
      • DWI with a Minor Passenger
      • Intoxicated Manslaughter
    • Federal Crimes
      • Bank Robbery Charges
      • Federal Drug Charges
      • Federal Wire Fraud
    • Internet Crimes
      • Internet Sex Crimes
      • Online Impersonation
      • Online Solicitation of a Minor
    • Sex Crimes
      • Aggravated Sexual Assault
      • Child Molestation
      • Child Pornography
      • Child Sexual Abuse
      • Date Rape
      • Improper Photography or Visual Recording
      • Improper Relationship Between Educator and Student
      • Indecency with a Child
      • Indecent Exposure
      • Internet Sex Crimes
      • Online Solicitation of a Minor
      • Public Lewdness
      • Prostitution
      • Sexual Assault
      • Sexual Assault of a Child
      • Sex Crimes
      • Sex Crime Investigation
      • Sex Crimes Penalties
      • Sex Offender Registration
      • Prostitution Solicitation
      • Statutory Rape
    • Theft & Property Crimes
      • Arson Charges
      • Bank Robbery Charges
      • Burglary
      • Criminal Trespassing
      • Embezzlement
      • Robbery
      • Shoplifting
    • White-Collar Lawyer
      • Check Fraud
      • Compounding Pharmacy Fraud
      • Credit Card Abuse
      • Forgery
      • Fraud
      • Health Care Fraud
      • Identity Theft
      • Insurance Fraud
      • Medical Fraud Charges
      • Wire Fraud
      • Money Laundering Charges
    • Violent Crimes
      • Assault
      • Aggravated Assault
      • Aggravated Sexual Assault
      • Assault of a Family Member
      • Intoxication Assault
      • Manslaughter
      • Intoxicated Manslaughter
      • Murder
      • Attempted Murder Charges
      • Capital Murder
      • Domestic Violence
      • Hit and Run
      • Kidnapping
      • Terroristic Threats
    • Miscellaneous
      • 6th Amendment Rights
      • Criminally Negligent Homicide Charges
      • Driving With a Suspended License
      • Environmental Crimes
      • Evading Arrest Charges
      • Expunction
      • Failure to Appear
      • False Allegations
      • Guns & Weapons
      • Human Trafficking
      • Orders of Non-Disclosure
      • Applying for Parole
      • Personal Injury Attorney
      • Probation Violation
      • Criminal Mischief
      • Misdemeanor Crimes
      • Felony Lawyer
  • Free Ebook
  • Blog
  • Contact
713.227.0087
Schedule a Free Consultation

Houston Criminal Trespassing Lawyer – Brett A. Podolsky

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.

Don’t let criminal charges ruin your life. If you are facing charges of criminal trespassing, hire an experienced attorney who can help protect your rights. The Law Office of Brett A. Podolsky is here to help. Contact them today.

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.

Brettpodolsky

Brett A. Podolsky
917 Franklin St. Ste 510,
Houston,TX77002

(713) 227-0087 / Answered 24/7 (713) 227-9900
info@brettpodolsky.com

Brett A. Podolsky 917 Franklin St. Ste 510, Houston,TX77002

Home Attorney Profile Practice Areas Free Ebook Blog Contact
Resources

Copyright © 2022 Brett A. Podolsky

Legal Disclaimer and Privacy Policy