Trespassing

Austin Trespassing Defense Lawyer

Criminal Trespass Laws in Texas

Texas law takes property rights seriously. If you are found unlawfully trespassing on public or private property, you can be arrested and charged under Texas law. This is referred to as criminal trespass. You can be charged with a misdemeanor in varying classifications which can lead to jail time and/or fines. A conviction will also result in a permanent criminal record that can impede your ability to gain employment, housing, keep or obtain professional licenses, or take advantage of educational opportunities. In such cases, you will want to minimize or avoid these consequences which calls for the services of an experienced criminal defense attorney.

The Law Office of Will Mitchell serves clients throughout the greater Austin area with tough and dedicated legal representation. Our Austin trespassing defense attorney has more than 15 years of experience which has been devoted to criminal defense exclusively. Because of this, Attorney Mitchell has a depth of knowledge and skill that can make a difference in your case. Our priority will be to provide you with the most effective defense possible given the facts and circumstances of your case. We will do everything to help you obtain the best possible outcome.


Charged with criminal trespass? Reach out to our firm at (512) 858-8611 to arrange for a free consultation about your situation and legal options.


What is Criminal Trespassing?

In Texas law, criminal trespass refers to entering someone else’s property without permission. It can also include remaining on property after you have been notified that it’s time to leave. Under the law, you must have acted in an intentional manner, you must be disobeying some sign or verbal communication to leave, and you must actually be physically present on the property. The property can be land, residential property, an apartment building, a business, agricultural property, or property owned by the government.

The types of notice that indicate you are not allowed on the property can include:

  • Signs on the entrance or building
  • Fences or other barriers built to keep people from entering
  • Written or verbal communications telling you to keep out

What are the Penalties for Criminal Trespass?

In cases of criminal trespass, you may be charged with a Class B misdemeanor carrying penalties of up to six months in jail and/or fines of up to $2,000. If the criminal trespass involved a habitation (dwelling occupied by people) or a deadly weapon, you will likely face an elevated charge of a Class A misdemeanor. In those cases, the penalties are doubled to up to a year in jail and fines of up to $4,000.Criminal trespass can also be elevated to a burglary charge if your intent for entering or staying on the property was to commit some type of crime such as theft or assault.

Get the Help You Need from Our Firm Today

Criminal trespass can often occur without intent due to mistakes or misunderstandings. It can also occur where property lines are not clearly defined. At The Law Office of Will Mitchell, we will thoroughly investigate the matter and seek the best way to approach your defense. Our firm is committed to doing everything possible on your behalf to avoid or minimize any negative consequences.


Discuss your case with our Austin trespassing defense attorney at (512) 858-8611 today. 


Founding Attorney

Will Mitchell

Will Mitchell is a DWI/Criminal Defense Attorney with his primary office in Austin, Texas, where he has practiced law since 2006. The Law Office of Will Mitchell accepts criminal cases statewide.  The primary focus of Will’s practice is intoxicated related offenses, driver’s license issues, and drug possession cases.
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