What Constitutes Trespassing in Texas?

By Jeff Kennedy

Many people in Texas don’t treat criminal trespassing with the seriousness it deserves. When you don’t understand the crime in its entirety, you might find yourself with a trespassing charge you are not even aware you committed.

 A criminal trespass lawyer can fight for the dismissal or reduction of your charges in court but it’s also important to understand the basics of your state’s trespass laws. 

 What constitutes trespassing in Texas? Below is a detailed outline of what it means when you are facing a trespassing charge and how a Fort Worth criminal defense lawyer can help. 

What’s Trespassing in Texas?

The Texas penal code 30.05 defines a criminal trespassing offense as when a person enters or remains on someone else’s public or private property without their effective consent. Further, the accused must have had the knowledge of forbidden entry or had been asked to leave through a notice but ignored the request. 

In Texas trespassing laws, “property” may include agricultural land, residential land, buildings, recreational vehicles, and so on. 

What Qualifies as a Trespassing Notice in Court?

To be charged with criminal trespassing in Texas, the property owner must have given the notice to leave through any of the following forms:

  • Verbal or written communication by the owner or someone of equal authority.
  • A fence or enclosure that’s clearly meant to keep away trespassers.
  • Evident presence of crops being grown for human consumption on the property.
  • “No Trespassing” sign(s) at the entrance or within the property where an intruder can see.
  • Purple paint marks on the fence, posts, or trees.

However, emergency personnel such as paramedics and firefighters acting in their capacity, municipality agents with authorization, or telecommunications providers might be exempted from trespassing charges. 

Depending on your case, a criminal trespass lawyer may still be able to defend you by proving your entry was for the public good or that you were retrieving property belonging to you.

Work With a Criminal Trespass Lawyer in Texas

Have you been charged with criminal trespassing in Texas? It’s not too late to build a defense that can help you avoid heavy fines or possible jail time. Speak with a criminal trespass lawyer from the Law Offices of Jeff C. Kennedy on 817-605-1010 or tell us more about your case through our contact form below.  


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Jeff Kennedy truly cares. He and his staff kept me informed all the way throughout my case and provided me with all my options and the potential outcomes for my case. When the day finally arrived to resolve my case, Jeff was able to negotiate a reduction to a lesser charge. He was well prepared and coordinated everything perfectly. Jeff is not only a good lawyer, but a good man.


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