The Law Offices of Carl David Ceder, PLLC, has experience in defending individuals charged with all forms of criminal trespass offenses. Please call our office today at 214.702.CARL (2275) for a free consultation regarding representation of your charge.
The State of Texas defines criminal trespass in the Penal Code as follows:
Section 30.05 Texas Penal Code. CRIMINAL TRESPASS
(a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and
(iii) placed at locations that are readily visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other than forest land; or
(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.
Texas Criminal Trespass Charge Attorney
Anyone that enters an area, or remains on a certain property, without authorization can be charged with criminal trespass. This area can include a house, car, apartment, or other property. If you find yourself charged with Criminal Trespass, you should contact an aggressive attorney immediately to discuss the facts of your case. The penalties for criminal trespassing charges can include, but may not be limited to, jail time, fines, and a permanent mark on your criminal record. The consequences may become intensified if it is alleged that the person charged with trespassing was carrying a weapon.
In Texas, a charge of Criminal Trespass is considered a Class B Misdemeanor. If a conviction results, it will remain on a person's permanent criminal record for the rest of their life. If this occurs, it could affect an individual's ability to gain employment, housing, and could have deeply damaging consequences that could last a lifetime. A skilled criminal defense attorney may be able to get the charges dropped, dismissed, or reduced, without even having to go to trial. Many people do not realize the impact an effective criminal defense attorney can have on the outcome of their case. DO NOT MAKE THAT SAME MISTAKE!
There are a number of successful defenses that can be used in order to defend one against a criminal trespass charge, including:
• The property was considered open to the public;
• The trespasser did not remain on the property after being asked to leave;
• The trespasser did not prevent the property owner from using his or her property.
It is vitally important to utilize a criminal defense attorney that is extremely knowledgeable in Texas property laws. Many people do not realize the strong and powerful impact a skilled attorney can have on the outcome of a case. The Law Offices of Carl David Ceder, PLLC, has a strong track record of success for defending all types of charges of Criminal Trespass in areas all over the State of Texas. Anyone in Texas, and especially in Central Texas, or the Dallas-Fort Worth metroplex, facing charges of Criminal Trespass should contact The Law Offices of Carl David Ceder, PLLC, today at 214.702.CARL (2275) in Dallas-Forth, or 512.657.9992 in Austin.
If you are in need of a driven, skilled, and knowledgeable criminal defense attorney, please call The Law Offices of Carl David Ceder, PLLC at 214.702.CARL (2275) now.