Tarrant County Criminal Trespass Lawyer
If you have been arrested in Tarrant County or have become the target of a criminal investigation for the criminal offense of criminal trespass, contact Jeff Hampton with The Hampton Law Firm immediately for a free consultation to explain your legal rights and options under Texas law.
An examination of the Texas Penal Code is necessary to understand one’s legal rights and options under Texas Law. According to Texas Penal Code, Title 7: Offenses Against Property, Section 30.05, the State of Texas, represented by the Tarrant County District Attorney’s Office, must prove the following beyond a reasonable doubt: a person commits the offense of criminal trespass if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person had notice that the entry was forbidden; or received notice to depart but failed to do so.
A critical element the Tarrant County District Attorney’s Office must prove beyond a reasonable doubt to a Tarrant County jury is the notice requirement. Under the same section of the Texas Penal Code, “Notice” means:
- Oral or written communication by the owner or someone with apparent authority to act for the owner;
- Fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
- A sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
- The placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
- vertical lines of not less than eight inches in length and not less than one inch in width;
- placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and
- placed at locations that are readily visible to any person approaching the property and no more than:
- 100 feet apart on forest land; or
- 1,000 feet apart on land other than forest land; or
- The visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.
The Texas Penal Code sets forth the possible criminal consequences of the crime of criminal trespass based upon where the act was committed. Section 30.05(d) of Title 7 of the Texas Penal Code provides that the crime of criminal trespass, by default, is a Class B Misdemeanor. The range of punishment on a Class B Misdemeanor ranges from 0-180 days in Tarrant County jail and/or $0-$2,000 fine. Texas Penal Code, Title 7, Section 30.05(d)(3) provides that the crime of criminal trespass is punishable as a Class A Misdemeanor if the trespass is committed “in a habitation or a shelter center. . . or the person carries a deadly weapon during the commission of the offense.” The range of punishment on a Class A Misdemeanor ranges from 0-1 year in Tarrant County jail and/or $0-$4,000 fine. If you have been arrested and charged with criminal trespass in Tarrant County, your number one priority should be locate an experienced criminal attorney that has handled numerous criminal trespass cases and is familiar with the courts and prosecutors in Tarrant County, Texas. Although the crime of criminal trespass is classified as a misdemeanor in Texas, it is important your case is negotiated properly to ensure you serve no jail time and ensured that your arrest and charges can be cleared from your record.
If you have been arrested and charged with criminal trespass in Tarrant County, call The Hampton Law Firm now for a free consultation to discuss your legal rights and options under Texas law. Contact Jeff Hampton at 817-877-5200.
Contact the Hampton Law Firm now to schedule a free consultation to determine your rights and legal options.