5 Things To Know About Criminal Trespass Charges In Texas
Facing any kind of criminal charges in Texas can be scary and anxiety-inducing, and it is important to have an experienced Temple criminal defense attorney on your side to help you fight the charges. At The Law Office of Katie L. Gomez, PLLC, we regularly represent clients in a wide range of misdemeanor cases, including criminal trespass charges. We want to provide you with more information about how criminal trespass charges work in Texas, and more information about defending against this particular kind of allegation. The following are five things you should know about criminal trespass charges in Texas.
- Criminal Trespass Charges Can Be Brought If You Are On Someone Else’s Property Unlawfully
Criminal trespass is a specific type of offense under the Texas Penal Code, which states that a person can be charged with this offense “if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, a general residential operation operating as a residential treatment center, or an aircraft or other vehicle, without effective consent and the person” either “had notice that the entry was forbidden” or “received notice to depart but failed to do so.”
Notice can come in the form of an oral or written communication, as well as in the presence of a fence, enclosure, sign, or other such indicators.
- You Can Be Charged with Criminal Trespass for Being on Private or Public Property Unlawfully
As the Texas Penal Code makes clear, you can be charged with criminal trespass for being on private or public property unlawfully, depending upon the circumstances. While public or government property may be intended for public use, notices forbidding entrance at certain times or due to conditions could lead to criminal charges if a person enters the property.
- Criminal Trespass Charges Are Usually Misdemeanor Offenses
Criminal trespass is typically charged as a misdemeanor, either a Class B or Class A misdemeanor. In addition, being convicted of a misdemeanor can result in other consequences associated with having a criminal record.
- Multiple Defenses May Exist to Criminal Trespass Charges
There may be multiple defenses to criminal trespass charges, ranging from mistaken identity to permission to be on the property.
- You Can Face Jail Time if You Are Convicted of Criminal Trespass
Although criminal trespass charges are usually misdemeanor offenses, it is critical to know that this is still a serious criminal charge in Texas that can result in jail time. Indeed, if you are convicted of a Class B misdemeanor, you can face up to 180 days in jail, and if you are convicted of a Class A misdemeanor, you can be sentenced to up to a year in jail. You should not take these charges lightly, and you should seek advice from a criminal defense lawyer as soon as possible.
Seek Advice from a Texas Criminal Trespass Defense Lawyer
If you were arrested for criminal trespass in Texas or if you are facing charges, it is essential to get in touch with one of our Temple trespassing lawyers as soon as possible. We can begin working on a defense strategy for your case and doing everything we can to help you avoid a conviction. Contact The Law Office of Katie L. Gomez, PLLC to learn more about how we can help you with your defense.
Source:
statutes.capitol.texas.gov/Docs/PE/htm/PE.30.htm
