Criminal Trespass Attorney
Criminal Trespass is an offense that comes up in a few instances. First, usually a business will ask a person not to return and later that person returns. Or criminal trespass charges even come out of disputes between neighbors. Most people just call it trespassing
Penal Code
Criminal Trespass is contained in section 30.05 of the Texas Penal Code. Most criminal trespass cases are charged as Class B Misdemeanors. However, depending on where the alleged trespass occurred, the offense may be a Class C or Class A Misdemeanor.
Elements
A person;
Enters or remains;
On the property of another; and
Without the consent of the owner.
Defenses
A firefighters and emergency personnel have a defense to criminal trespass as do certain utility.
When Does It Occur
Most often, a person will be asked to leave a business or house by the police. The police will issue a warning to the person telling the person that he or she will be arrested for criminal trespass if he or she returns. The person returns and the police are called again.
I Can Help
If you or someone you know has been charged with criminal trespass, I can help. I will review your case develop a strategy and investigate your case to provide you with the best defense. If you or someone you know needs to talk to a criminal defense lawyer call (817) 231-0023.
