Houston Trespassing Attorney

Criminal trespass may appear to be a lesser type of crime and is often taken too lightly in many instances. However, the penalties that you may face if convicted can involve not only fines, but also jail time. When additional aggravating circumstances are involved, the penalties can also increase. That’s why it’s important to garner the help of an experienced Houston trespassing attorney if you have been charged with criminal trespass.

Houston property crimes lawyer Ned Barnett is ready to stand by your side and fight vigorously to have your charges reduced or altogether eliminated if possible. Call The Law Offices of Ned Barnett today at (713) 222-6767 or contact us online to request a free case evaluation.

What Is Criminal Trespass in Texas?

Texas law defines trespassing as the act of entering or remaining on the property of another person without their consent, and:

• The person received ‘proper notice’ that entering the property was prohibited
• The person was provided notice to depart the property, but failed to do so

As well, the person’s entire body must enter the property for it to be counted as a trespass.

Also, if it was your intent to commit a felony, such as a theft or assault during the act of trespassing, then your charges may increase correspondingly.

The Standard for Proper Notice

Proper notice may be provided under Texas Law through:

• Written or oral communication from the owner or owner’s authorized representative
• Signage that explains the prohibition and is reasonably likely to be seen
• An enclosure such as fencing that is clearly in place to prevent unauthorized entry or contain livestock
• The presence of crops that appear to be for purposes of harvesting

Types of Trespassing Offenses and Penalties

Texas law outlines four types of trespassing, ranging from misdemeanor to felony offenses:

Class C Trespassing

• The lowest trespassing offense that deals mainly with land trespassing
• Includes no malice or intent to harm
• Normally committed by hunters recovering injured or dead animals on another’s property
• Punishable by a maximum fine of $500

Class B Trespassing

• When you trespass a personal residence or shelter site (homeless, women’s battered, etc.) with personal knowledge that entering the site was forbidden.
• Punishable by up to 180 days in jail and a maximum fine of $2,000 (these penalties are adjustable downward at the judge’s discretion)

Class A Trespassing

• When you trespass a personal residence, shelter site or Superfund Site carrying a deadly weapon such as a gun, knife, bat, or other blunt objects
• Punishable by up to one year in jail and a maximum fine of $4,000

Felony Trespassing

• When you trespass a habitation with the intention to commit another felony crime such as murder, assault or burglary
• The penalties are determined based on the other felonies attempted or committed along with the trespass

Common Situations That Lead to Criminal Trespass Charges in Houston

Most criminal trespass cases in Houston do not involve someone sneaking onto private land. They come out of ordinary disputes that ended with a police response:

• Returning to a store after being banned. Retailers issue criminal trespass warnings to people they suspect of shoplifting or causing problems. Coming back, even months later and even to shop, can bring a trespass charge on its own.
• Disputes with a landlord or former partner. Going back to an apartment after an eviction notice, or to a home you used to share after being told to stay away, is one of the most common ways people end up charged.
• Entering a closed business or construction site. Cutting through a fenced lot, exploring an empty building, or walking onto a job site after hours can be charged even when nothing was taken or damaged.
• Staying after being asked to leave. A bar, a hospital, a school campus, or a private event can ask you to go. Refusing, or coming back the same night, turns a request into a criminal case.

Trespass often rides along with other charges. If the State believes you entered to commit a crime inside, the case can become burglary, and if property was damaged on the way in or out, criminal mischief is usually added. Those companion charges change the stakes considerably.

Additional Consequences

A trespassing charge applies a permanent mark on your criminal record regardless of the seriousness of the offense. As a consequence, you may find it difficult to obtain employment, rent an apartment, and apply for a loan for school or other purposes.

What to Do If You Are Charged With Criminal Trespass

If you have been charged with criminal trespass, or warned that you will be if you return somewhere, a few steps protect you:

• Do not go back to the property. Not to collect belongings, not to talk things out, not to prove a point. A second visit is a second charge and makes the first one much harder to fight.
• Keep texts, emails, or messages that show you had permission. An invitation from a tenant, a message from an ex saying to come get your things, or a manager letting you in can be the whole defense. Save screenshots now, before they disappear.
• Do not contact the owner or the person who called police. Let your lawyer handle it. An apology or an argument can be used as an admission or, worse, treated as a new offense.
• Call a lawyer before your first court date. Most trespass cases are misdemeanor charges, which move quickly through the Harris County courts and are often resolved at the first or second setting. The best outcomes come from getting ahead of that timeline. Call (713) 222-6767 for a free consultation.

Criminal Trespass FAQs

Can trespassing charges be dropped?

Yes, and it happens often. Prosecutors may dismiss a trespass case when the notice forbidding entry was not proper, when the owner gave consent or does not want to pursue the case, or when the facts simply do not add up to the offense. First-time misdemeanor cases in Harris County are also sometimes resolved through programs that end in a dismissal. Your lawyer’s job is to find the weakness in the State’s case and press it early.

Will a trespassing charge show up on a background check?

Yes. A trespassing charge applies a permanent mark on your criminal record regardless of the seriousness of the offense, and even an arrest that never becomes a conviction can appear until it is cleared. That record can make it difficult to obtain employment, rent an apartment, and apply for a loan for school or other purposes. Fighting the charge rather than pleading to it gives you the best chance of avoiding a conviction on your record.

Do I need a lawyer for a trespassing charge?

Yes. Trespass may look minor next to other charges, but it carries jail time at the higher levels, a permanent record, and consequences for your job and housing. The defenses, such as improper notice or consent, depend on evidence that has to be gathered quickly. Call (713) 222-6767 and let Ned Barnett review the facts before you go to court.

What if I did not know I was not allowed on the property?

That can be a complete defense. Texas law requires that you received proper notice that entry was forbidden, or that you were told to leave and failed to do so. Proper notice may be provided through written or oral communication from the owner or the owner’s authorized representative, signage that explains the prohibition and is reasonably likely to be seen, an enclosure such as fencing that is clearly in place to prevent unauthorized entry or contain livestock, or the presence of crops that appear to be for purposes of harvesting. If none of those applied to you, the State has a problem with its case.

Defend Yourself from a Conviction – A Houston Trespassing Attorney Can Help

An experienced Houston property crimes lawyer can defend you against your trespassing charges based on the facts and taking advantage of weaknesses in the prosecution’s case.

Some defense strategies include:

• The notice forbidding entry was not proper
• You were given consent
• You actually own the property in question
• You believed the property to be abandoned and you complied with other imposed conditions
• You believe with reasonable certainty that had you asked you would have been provided permission to enter the property
• You were attempting to serve a legal process and it was necessary to enter the property to perform the service

Houston trespassing attorney Ned Barnett has more than three decades of experience helping clients like you achieve beneficial outcomes and move on with their lives. With considerable resources, he will fight hard on your behalf to reduce the consequences of your trespassing charge.

Don’t wait to get the help you need. Call The Law Offices of Ned Barnett at (713) 222-6767 today and request a free consultation with a criminal defense attorney in Houston.