Houston Criminal Trespass Lawyers
To have a realistic chance of getting your criminal charges dismissed, being found not guilty at trial or even avoiding a conviction through pretrial diversion or deferred adjudication, it is important to hire an experienced Houston property crimes lawyer to fight for you against these allegations.
Harris County Criminal Trespass Defense Attorney
The defense attorneys at James G. Sullivan & Associates are passionate about defending cases like yours and have over 55 years of criminal defense trial experience. If you have been charged with Criminal Trespass in the Greater Houston area, contact our office today at 281-546-6428 to schedule a free confidential consultation.
Criminal Trespass in Houston
According to Texas Penal Code § 30.05, an individual commits criminal trespass if the person enters or remains on another person’s property without the consent of the owner, and had notice or did not leave after being given notice that the entry was forbidden.
Criminal trespass commonly occurs on residential and agricultural land, and in recreational vehicles, buildings, aircrafts, vehicles or habitations.
Under Texas law, “notice” means any oral or written communication by the owner of the property or someone with apparent authority to act for the owner. Proper notice can include but is not limited to fencing or other enclosure that is clearly designed to keep people out or livestock within, a sign posted on the property or at the entrance to a building that can be reasonably seen by intruders, and the presence of agriculture that is being cultivated or harvested.
In Texas, criminal trespassing is usually a Class B misdemeanor, however the charges can either be upgraded or reduced under certain circumstances. If the trespass occurred on agricultural land within 100 feet of its boundary or on residential land within 100 feet of a protected freshwater area, it can be reduced to a Class C misdemeanor.
Criminal trespass can be upgraded to a Class A misdemeanor if it is committed in a habitation, shelter center, critical infrastructure facility, or if the defendant was in possession of a deadly weapon during the commission of the trespass.
Penalties for Criminal Trespass in Harris County
- Class C misdemeanors are punishable by a fine of up to $500.
- Class B misdemeanors are punishable by up to 180 days in jail, and/or a fine up to $2,000.
- Class A misdemeanors are punishable by up to one year in jail, and/or a fine up to $4,000.
Take your Criminal Trespass Charge Seriously
Individuals often taken criminal trespass charges lightly, however that is a mistake because the possible penalties are very serious. If you are charged with criminal trespass in the counties of Harris, Montgomery, Fort Bend, Waller, Brazoria, Liberty or Galveston, protect your rights by retaining the experienced Houston criminal defense lawyers at James G. Sullivan & Associates.
James (Jim) Sullivan is an experienced Houston criminal defense attorney. For 25 years, Sullivan has successfully fought the government in jury trials on behalf of clients in criminal and juvenile courts. Sullivan has also been able to get hundreds of serious criminal and juvenile cases dismissed or reduced from a felony to a misdemeanor.
Contact James Sullivan at 281-546-6428 for a free confidential consultation.