Entering upon another person’s property is against the law. Many people do not realize that trespassing can lead to criminal charges, which can carry severe consequences if you are convicted. Contact a trusted criminal defense lawyer to understand your charges and options if you have been charged with criminal trespass.

What Is Criminal Trespass?

Criminal trespass is a crime that falls under “offenses against property” in Texas law. It is defined as entering or remaining on or in the property of another without consent. Private property can include the following:

• Residential property
• Agricultural property
• Commercial property
• Any type of vehicle, including cars and aircraft
• Any type of building, both permanent or temporary
• RV parks and campgrounds

However, there are two important criteria that must be met to be charged with criminal trespass:

1. The trespasser must have had notice that the entry was forbidden or
2. The trespasser received notice to depart but failed to do so.

Notice can include the following:

• Oral or written communication by the owner or someone with apparent authority to act on the owner’s behalf
• Fencing or other enclosure is obviously intended to keep people out
• Signs
• Purple markings on trees or posts
• The visible presence of crops

As a result, you cannot be convicted of entering an unfenced or unmarked grove of trees or empty fields if there was no other indication that you were trespassing. Furthermore, you must have been asked to leave but refused.

The Criminal Trespassing Penalties You Face if Convicted

Criminal trespassing is a Class B misdemeanor. Even though it is “just” a misdemeanor, the consequences of a conviction are quite severe:

• Up to 180 days in jail
• A fine of up to $2,000

Criminal trespassing can be charged as a Class A misdemeanor in the following situations:

• You were carrying a lethal weapon
• You were trespassing on property where you have been convicted of trespassing before

If you are convicted of Class A misdemeanor trespassing, the penalties double—you face up to one year in jail and a fine of up to $4,000.

Criminal trespassing can also be downgraded to a Class C misdemeanor if you were trespassing on agricultural land and were arrested within 100 feet of the property’s perimeter. In this situation, you would face only a fine of up to $500.

Although rare, a person may be charged with criminal trespass as a third-degree felony if the trespasser was committing smuggling of persons during the commission of the offense.

What Is the Difference Between Criminal Trespassing and Burglary?

Burglary is similar to criminal trespassing in that it involves entering private property. It differs from trespassing in that burglary requires that you also intend to commit a felony, assault, or theft while on the property.

People are often charged with burglary when criminal trespass is more appropriate. Unfortunately, prosecutors use this to get defendants to plead guilty to crimes they didn’t commit. Whether you have been charged with trespassing or burglary, the best thing to do is contact a criminal defense lawyer as soon as possible.

Get in Touch with Barton & Associates, Attorneys At Law, PLLC Today

Whatever charges you may be facing, we are here to help you get a fair result. Contact us today to schedule a consultation with a criminal defense lawyer from our firm.