What Are the Legal Defenses Against a Trespassing Charge?

 Posted on October 15, 2024 in Criminal Defense

Trespassing is a crime that carries a range of penalties depending on the circumstances. A trespassing conviction can involve hefty fines and jail time, which is why being charged with the offense can be a frightening experience. This is particularly true if you did not mean to trespass, which is fairly common. In this article, we will explore what trespassing is, the penalties for the crime, and the legal defenses against a trespassing charge. If you are facing accusations of trespassing, be sure to contact a Texas criminal defense attorney who can build a solid defense.

What Is Trespassing?

According to Texas law, trespassing is when a person enters someone else’s property without consent knowing that it is forbidden to do so. Even if the individual is not aware that it is forbidden but refuses to leave the property after being given notice, it is still considered trespassing.

Notice can mean a verbal request from the owner to leave the property. It could also come in the form of:

• A sign that says the property is private or that entry is prohibited
• A fence, wall, or other enclosure that is meant to keep the public out or keep livestock in
• Purple paint markings on trees or posts that signify it is private property
• Visible crops being grown for human consumption

What Are the Penalties for Trespassing?

There is a range of penalties for a trespassing offense depending on the severity of the charge. For example:

• Class B misdemeanor: This is the most common type of trespassing. It carries a fine of up to $2,000 and 180 days in jail.
• Class C misdemeanor: This is less common because it applies to someone who trespasses within 100 feet of a freshwater habitat or agricultural land. This offense carries a fine of up to $500.
• Class A misdemeanor: This applies to more serious cases like if the trespasser was carrying a firearm or trespassed on university grounds and had a history of doing so. In such cases, a defendant may face a fine of up to $4,000 and a year in jail.

What Are the Legal Defenses Against a Trespassing Charge in Texas?

When defending against a trespassing charge, there may be several arguments you can make, such as:

• You were not aware it was private property.
• You were not given notice that it was private property and you were not asked to leave.
• You entered the property for an emergency, such as to come to someone’s aid or escape danger.
• You had permission to be on the property.
• You entered the property under duress because someone threatened or forced you to do so.

Contact a Jourdanton, TX Trespassing Defense Attorney

Successfully defending against a trespassing charge in Texas requires strong evidence and legal skill. At BRCK Criminal Defense Attorneys, we know how the prosecution works and we have the experience and knowledge to defend against it. Let us handle your case and we will create a legal strategy tailored to your needs. Schedule a free consultation with an Atascosa County, TX criminal defense lawyer by calling 830-769-1010 today. Our attorneys speak Spanish.