How To Beat A Criminal Trespass Charge In Texas: A Former Prosecutor Explains! (2022)
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- Опубликовано: 31 май 2024
- What Is Criminal Trespass In Texas?
Under Texas Penal Code §30.05 a person commits the offense of Criminal Trespass if the person knowingly enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
1. Had notice that the entry was forbidden; or
2. Received notice to depart but failed to do so.
What does this mean? Essentially, it is knowingly entering into a place or residence you know you are not supposed to be. However, one key element of the crime of criminal trespass is that you had proper notice. Merely being present on the property, by itself, is not sufficient to convict for the crime of criminal trespass.
Let us break down the remaining elements of the crime of Criminal Trespass:
What Is Proper Notice under Texas Penal Code, Section 30.05?
Under Texas Penal Code, Section 30.05, the law provides the specific set of circumstances for how notices can be given: “Notice” means:
• oral or written communication by the owner or someone with apparent authority to act for the owner;
• fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
• 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;
• the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
o vertical lines of not less than eight inches in length and not less than one inch in width;
o 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
o placed at locations that are readily visible to any person approaching the property and no more than:
100 feet apart on forest land; or
1,000 feet apart on land other than forest land; or
• 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.
What if you were on a piece of private property and had no idea it was private or that you were prohibited from being on the property? Were there any clearly visible signs surrounding the property? Did the owner convey to you orally that you were not permitted to be on the property? If not, you had not intent to be on property for which you had no notice!
How Do You Know You Have “Entered” A Property Under Texas Criminal Trespass Law?
Texas law requires that you be completely on the property of another without their consent and you receive adequate notice in order to be convicted of criminal trespass. For example, reaching across the fence of another property owner to grab a football you threw over their fence, would not be trespassing under Texas law. You must enter your entire body onto the property.
Is Criminal Trespass A Felony In Texas?
Thankfully, no! In Texas, the crime of criminal trespass is a misdemeanor offense. In order to determine what level of misdemeanor crime you are facing; you must break criminal trespass down by separate designations.
Criminal Trespass
If you have been charged with criminal trespass of property that was not a habitation, you will be facing a Class B misdemeanor. Under Texas criminal law, a class B misdemeanor is punishable by up to 180 days in the county jail and up to a $2,000 fine.
Criminal Trespass of a Habitation
However, if you have been arrested and charged with criminal trespass of a habitation, you will be facing a Class A misdemeanor punishable by up to 1 year in the county jail and up to a $4,000 fine.
How To Get A Criminal Trespass Case Dismissed
In order to have the best chance at getting your criminal trespass case dismissed, you and your criminal attorney should develop a legal defense that attacks the elements of the crime and use this as leverage to negotiate a dismissal. There are several legal defenses that have been proven effective in negotiations.
Effective Consent To Enter Property
Did you have consent to enter or remain on the property? Remember, the State of Texas through the Tarrant County District Attorney’s Office must prove beyond a reasonable doubt that you knowingly entered the property without the effective consent of the owner.
FOR YOUR FREE EBOOK: WHAT TO DO IF YOU HAVE BEEN CHARGED WITH A CRIME IN TEXAS
CLICK HERE www.criminalattorneyfortworth...
00:00 How To Beat A Criminal Trespass Case
02:07 What Is Proper Notice?
04:31 What Does Entering A Property Mean?
05:15 Is Criminal Trespass A Felony In Texas?
06:04 How To Get A Criminal Trespass Case Dismissed
06:16 Defenses To A Criminal Trespass Case
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My neighbor has had me charged with theft and trespass when i rescued my cat by removing the live trap that belonged to the city and letting my cat out in my garage and waiting for police to come which was about an hour later and i promptly returned the trap. It was on camera and I have been convicted of theft and trespass. but i am going to file motion for a new trial. We are in an HOA and our documents say that the patio with fence but no gate no signs no notice and is considered to be common area. Neighbor is building a case against me not my cat. Neighbor testified on the stand that she has never told me to start off of her property and did not give me notice when i was on the property getting my property that she enticed and trap
on her patio and left him there for over night while she went to work.
your stating irrelevant facts. HOAs don't trump city or county law. The cages are there to trap unleashed animals. When you pick up the pet you pay a fine done. By you trying to circumvent the law would it be better for them to just shoot your pet? They can do that... you take it as a personal attack when they could kill your pet by various means and the person to blame for that is you.
If it was me I would send a letter to my neighbour and apologize. Keep you pet inside and deal with the city as what you did isn't a jailable offense but your going to be paying a fine plus court costs and whatever other costs they deem necessary. Or you can ride the plane all the way to the scene of the crash but if you come out ahead on this buy a lotto ticket as your impossibly lucky.
I've been charged with criminal trespassing and i didn't not see no sign.
But theirs was a private property sing but not visible to see.
We were given a criminal trespassing warning at my children's elementary! We were allowed to enter that way for 7yrs with no issues except for today ! Now we can't pick up or drop off our kids . What can I do?
I was trespassed from my son's school when I clearly did nothing wrong was just trying to drop him off and leave. I have the police report. My civil liberties were violated my freedom of speech was violated my freedom of thought. my freedom of movement. Fourth amendment we're all violated. Oregon. I Been looking for help 4-6 years now. can't seem to get anyone.😥.
Criminal trespass - hunters that go onto private property, and knowingly pass "Private property, do not enter, no hunting" signs. Also -- Texas is 2.5 times smaller than Alaska. Not very big.
Colour of right is the best defense at least here in Canada!
I am gonna assume that criminal trespass does not apply to public property like the publicly accessible areas of a courthouse or city hall? I was arrested in a public lobby of a Texas courthouse for CT. They asked me to leave because I was documenting my business via video recording.
Your rights don't supersede the rights of others. Why do you think that for years the media sent sketch artists into courtrooms. It can and has caused a bias.
Hire a civil rights attorney and file suit for discrimination. Happening all over Texas to homeless. Stay informed.