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Houston Trespassing Defense Attorney

Have you been accused of trespassing? While this may not seem like a case with significant consequences, the details can be very difficult, and many people may experience significant fines and penalties. For that reason, it is always a good idea to hire a Houston trespassing defense attorney to remain by your side as we fight to protect your rights. The Law Office of David A. Breston is available to discuss your case today. Call today for a free consultation.

What Is Criminal Trespassing in Houston? 

Criminal trespassing occurs when a person is accused of accessing property that they do not have the legal right to do so. It is very common for people who face this charge to believe that they had the legal right to enter the property or they did not know they should not enter it. And that may seem like it makes this case a simple matter. Yet, that is not the case.

Factors like the type of property and the type of crime committed will determine if you have to face fines and jail time for these actions. Because there is a substantial amount of risk involved in these cases, we highly recommend hiring a Houston trespassing defense lawyer immediately to protect your rights. We are happy to help you with that process.

Trespassing Laws in Texas

Texas Penal Code § 30.05(a) outlines the specifics of criminal trespassing in Houston. It states that if a person enters or remains on the property of another person without the consent of that person, and you had notice that entry onto the property was forbidden in some way, they may be charged with criminal trespassing.

This is the very basic definition of what applies in these cases. The following are some details that may apply in your case.

Notice, as defined by the law, is any type of communication from the owner or anyone else with authority stating that intruders are excluded from the property. This could include a posted sign, for example.

Types of property and exclusions related to it include:

  • Critical infrastructure facilities, which are likely enclosed by a fence or some type of barrier
  • Protected freshwater areas, which are typically the bed or bottom of a navigable river or street that meets specific requirements
  • Agricultural, which is any land suitable for the production of plants for the specific purpose of animal or human consumption or for other purposes
  • Superfund site, which is a location on the National Priorities List of the Comprehensive Environmental Response, Compensation, and Liability Act list

Penalties for criminal trespassing range widely but could include fines and jail time depending on what occurred as well as why you were on the property. This is a serious crime and one that should be taken seriously.

Put Our Legal Team to Work Protecting Your Rights

Our Houston trespassing defense attorneys will work to protect your rights and defend you in a court of law. Call the Law Office of David A. Breston to learn how our Houston criminal defense attorneys can help you strengthen your legal case. Call us today for a free, confidential consultation.