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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. 

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    Will is great representation. He worked to have the charges against me reduced significantly!

    Randall V.
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    Will is awesome!!! Great lawyer!! Super friendly, knowledgeable, and hands down the best lawyer to have on your case! Will and Olivia (his assistant) were always there to answer any questions I had about anything! He helped me with a payment plan, and he just really made the whole process way less stressful! I would recommend him to everyone! Thanks again, Will!!

    Whitney C.
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    I reached out to Will after finding his name through a Google search. I was not looking for DWI consultation but for unpaid tickets and a suspended license issue. He was very personable on the phone, and he listened to me explain what I needed help with. He didn't rush the call or make me feel like another dollar in his pocket. I was able to resolve my issues because of the information Will provided. If needed, Will will be the first lawyer I contact to help me with my driving issues because he was so helpful in this case.

    Former Client
  • "Absolutely recommend!!!"
    Will AND Olivia are both amazing. They will work hard for you and are very detail-oriented and actually care about their clients. Will recommended me to a drug and alcohol treatment center and have been sober ever since (2 + years). I probably wouldn’t be where I am if it weren’t for will and Olivia. Thank y’all again for y'alls hard work a dedication! Absolutely recommend!!! Treatment center: BRC Recovery
    Aaron T.
  • "I would hire him immediately. Great lawyer, five stars."
    Will Mitchell was friendly, courteous, respectful, and while I always felt welcome to ask questions about my case or even chat about the weather, he never wasted either of our time. He clearly explained the convoluted issues I was facing and how we were going to resolve them, and gave me all the information I needed about the process before I hired him so I could make an informed decision about how I was spending my money. He kept my priorities in mind and worked with me on my financial constraints while being clear on what my money would buy me. But best of all I always got friendly updates on what was happening so I was up to date on my legal status. I hope to never need him again but if I ever find myself in a clusterfuck of unpaid tickets I would hire him immediately. Great lawyer, five stars.
    Damianne
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    Mr. Mitchell worked on having my charges dropped and my clean record reinstated. The man knows how to right a wrong.

    Sam G.
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    Will got my DWI charge dismissed in lieu of a reduced charge of obstruction of highway passage. I did test over .08 so I chose not to go to trial but there were a few other factors with my case compelling the prosecution to lower my penalties and probation to 15mo; at which time my obstruction charge will also be dismissed. I was able to take care of all my classes, evals, and community service prior to ever seeing the judge so I think that helped my case. Will and Olivia were eager to help me understand what was happening and answered all my calls and emails very promptly. I would highly recommend Will as he will fight for you.
    Todd
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    Will Mitchell isn't just a great attorney, he's a great guy. He got the case flat-out dismissed. He gave my life back to me. When I had an urgent matter come up, he called me back after-hours on a Sunday. He's just that type of guy. You can trust Will with your life, he's just that type of guy. On top of everything, he didn't break the bank. 10/10 Would recommend to anyone that's in a jam and needs a legal Superman to come to the rescue!

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