Criminal Trespass is defined under the Texas 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.
Tthe legal definition of Criminal Trespass in Texas is far more complex than just entering on someone else's property. One way to commit the offense is to enter upon another's property, despite being on notice that the property is forbidden. Yet another way is to remain on another's property, and refusing to leave after receiving notice that departure has been reqeusted.
Notice can be given in any one of five forms:
1) Notice can be given by either oral or written communication by the owner or someone acting for the owner;
2) Notice can be a fence or other enclosure "obviously" designed to exclude intruders or to contain livestock;
3) Notice can be in the form of a sign posted on the property or at the entrance to the building, reasonably likely to be noticed, indicating that entry is forbidden;
4) Notice can be in the form of readily visible purple paint marks of proper size and placement on trees or posts spaced no more than 100 feet apart on forest land or 1,000 feet apart on non-forest land;
5) Notice can be 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.
In Texas, Criminal Trespass is more specifically defined as the unwanted intrusion of someone on another's property. If you feel you have been falsely accused of criminal trespass anywhere in Texas, including in Dallas-Fort Worth, you need to employ the services of a skilled Criminal Trespass attorney. In Texas, Criminal Trespass is generally defined as a Class B misdemeanor, which can include a fine of up to $2,000, and a jail term that cannot exceed 180 days.
If the Trespass is on agricultural land, and the trespasser is apprehended within 100 feet of the boundary of the land, the offense is a Class C misdemeanor with a fine up to $500. Agricultural land is broadly defined and includes land suitable for growing plants or trees or for keeping farm or ranch animals.
However, under certain conditions including if the Trespass was found to be in another person's home, the offense is a Class A misdemeanor, which can include a fine up to $4,000, and a jail term that cannot exceed 365 days.
At The Law Offices of Carl David Ceder, PLLC, our Dallas-Fort Worth Law Firm has a successful history of defending individuals who have been accused of Criminal Trespass. Please contact us today at 214.702.CARL (2275) for a free consultation. Our attorneys will help you guide you to the best course of action to defend this charge.
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Carl David Ceder is an experienced Texas Criminal Trespass Lawyer who practices all over the Dallas-Fort Worth Metroplex, including all of Dallas County, Tarrant County, Collin County, Denton County, Rockwall County, and all adjoining counties:
- Dallas County Criminal Trespass Attorney - Dallas, University Park, University Park, Grapevine, Garland, DeSoto, Irving, Carrollton, Addison, Duncanville, Richardson, Cedar Hill, Cockrell Hill, Coppell, Grand Prairie, Lancaster, Lewisville, Mesquite, Seagoville, Wilmer, Wylie
- Tarrant County Criminal Trespass Attorney - Fort Worth, Southlake, Keller, Arlington, Bedford, Burleson, Colleyville, Crowley, Euless, Everman, Grapevine, Flower Mound, Grand Prairie, Hurst, Lakeside, Mansfield, North Richland Hills, Westlake, Saginaw, River Oaks
- Collin County Criminal Trespass Attorney - McKinney, Plano, Garland, Allen, Dallas, Carrollton, Richardson, Fairview, St. Paul, Weston, Lucas, Melissa, Nevada, Westminster, Frisco, Celina, Murphy, New Hope, Prosper, Wylie
- Rockwall County Criminal Trespass Attorney - Rockwall, Dallas, Fate, Heath, Mobile City, McLendon-Chisolm, Rowlett, Royse City, Wylie, Munson, Blackland
- Denton County Criminal Trespass Attorney - Dallas, Denton, Flower Mound, Fort Worth, Southlake, Hebron, Argyle, Justin, Lake Dallas, Plano, Bartonville, Coppell, Northlake, Carollton, Corinth, Hebron, Highland Village, Justin, Lakewood Village, Lewisville, Northlake, Prosper, The Colony, Westlake