Trespassing with a Firearm in Texas: How it Can Elevate Charges

If you are facing criminal charges for trespassing with a firearm in Texas, you need to understand the nature and seriousness of these charges. You could be facing time behind bars and a criminal record that can follow you around for years, limiting your employment opportunities and housing options.

An experienced criminal defense attorney from the Law Office of Mike Howard can review the charges against you and discuss your criminal trespass case during an initial evaluation. Contact us to get started. 

What Is Criminal Trespass?

Texas law states that a person commits criminal trespass if they enter or remain on someone else’s property without the owner’s consent and had notice that the entry was forbidden or were told to leave and failed to do so. 

What Is Trespassing with a Firearm in Texas?

Trespassing with a firearm means that the person trespassed, as defined above, on property while carrying a firearm or other weapon where weapons were forbidden on the property. 

How Trespassing with a Firearm Can Enhance Criminal Charges

Criminal trespass is generally classified as a Class B misdemeanor, which carries a maximum penalty of 180 days in jail and a fine of $4,000. If the offense was committed by entering the property, land, or building with a firearm or other weapon and the sole basis on which entry on the property was forbidden is that entry with a firearm was forbidden, the offense is considered a Class C misdemeanor, punishable by a fine of up to $200. 

However, the crime is elevated to a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000, if the prosecution can show that after entering the property, land or building with the firearm or other weapon the defendant personally received notice that firearms or other weapons were forbidden or other notice that reasonably communicated this information but failed to leave. 

The crime can also be elevated, depending on where the trespass occurred. If the defendant entered the property with the intent to commit an additional crime, they can be charged with burglary. 

How Prosecutors Handle Criminal Cases Involving Trespass with a Firearm in Dallas County

Prosecutors strive to establish various elements of the crime when prosecuting the defendant, including:

• Entry: The prosecution must prove that the defendant’s entire body had entered the prohibited land. 

• Someone else’s property: Criminal trespass does not only apply to a residence or residential land. It can also include agricultural land, a recreational vehicle, a building, a general residential operation operating as a residential treatment center, or an aircraft or another vehicle. 

• Notice: The prosecution must show that the defendant was given notice to leave or that trespass was prohibited. They may present the landowner or someone with authority as a witness to testify that they gave the defendant notice to leave. Alternatively, they can present video or photographic evidence showing notice, such as: 

• • • Fencing or other enclosures obviously designed to keep intruders out or to contain livestock
    • Growing crops for human consumption on the property
    • Signs on the property or at the entrance of the building prohibiting trespassing
    • Purple paint marks on trees or posts on the property
• Firearm or weapon: For the enhancement, the prosecution must prove that the defendant had a firearm or other weapon. A firearm is defined under Texas law as “any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.” A weapon is an item that can harm another person and can include a club, an explosive weapon, a handgun, a location-restricted knife, or other items.

The prosecution has the burden of proving the defendant’s guilt by proof beyond a reasonable doubt. To achieve this objective, they may call witnesses to testify that the defendant was carrying a weapon as defined under the law and was trespassing on the property. They may review surveillance footage to identify an offense. 

In some cases, the prosecution may be willing to reduce the charges or dismiss them altogether, but will usually only do so if they know a skilled criminal defense lawyer represents the defendant.

How an Experienced Criminal Defense Lawyer Can Help

If you are facing criminal charges, you need experienced legal counsel. The stakes are high. Your freedom and future are at stake.

Criminal defense lawyers review the charging documents against defendants and explain the nature of the allegations against them. They can look for inconsistencies or a lack of sufficient evidence to challenge the charges. If the case is not dismissed, they can provide honest legal advice to their clients, helping them to make informed decisions about how to proceed with the case.

Trespass cases in Texas are very fact-specific. The case can turn on a single fact, such as how close together purple paint marks were on the property or whether a sign was visible. An experienced attorney can conduct a thorough investigation to determine if there are grounds to challenge the arrest based on such factors. 

Additionally, there may be exceptions that apply, such as the defendant being a firefighter, emergency responder, or utility worker with a right to be on the property. You may have a license to carry a weapon that allows you to enter the property armed, even if someone else might not have had such a right. Your lawyer can explore if any exceptions apply to your case and argue them persuasively. 

It may be possible to have criminal charges reduced, such as if boundaries were not clearly defined. The prosecution may agree to reduce the charge to an infraction, which does not appear on your criminal record. If the incident occurred in a non-threatening location of the property, the prosecution could also agree to reduce the charges.

Your lawyer can work diligently to identify potential defense strategies, negotiate for a favorable plea bargain on your behalf, and fight to protect your rights in court. You won’t know what legal defenses you may be able to argue until you contact an experienced attorney for assistance. 

Contact a Criminal Lawyer from The Law Office of Mike Howard for Legal Assistance

When you are facing serious weapons charges that can result in the loss of your liberty, you need skilled legal advocacy for your best chance to defend yourself from the full weight and power of the State of Texas. An experienced criminal defense lawyer from The Law Office of Mike Howard can help you.

Our lawyers have over 20 years of criminal law experience. Since 2020, we have achieved more than 120 case dismissals. We also have a 4.9 Google review rating out of hundreds of reviews, indicating our commitment to client satisfaction. 

Contact us today to take advantage of an initial case assessment.

Related:

• Crimes While Carrying: Crimes That Can Lead to a Class A UCW Charge in Texas
• How Prior Theft Convictions Can Impact Your Misdemeanor Theft Case in Texas 
• Levels of Misdemeanor Theft Charges in Texas 
• Where Are Weapons Restricted in Texas?