Criminal Trespass Charges in Dallas, TX
Some people take criminal trespass cases lightly, but that is a mistake. Property owners push police and prosecutors to take criminal trespass charges seriously. As a result, you could face jail time, steep fines, and a permanent criminal record. All this can damage your reputation, career prospects, and future. If you or your loved one is facing a criminal trespass allegation in Dallas, you need an experienced Dallas criminal trespass lawyer in your corner.
Dallas Criminal Trespass Lawyer
If you or someone you love has been accused of criminal trespass in Dallas, contact the Law Office of Mike Howard. Most importantly, Dallas criminal trespass lawyer Mike Howard has the experience, trial skills, and dedication that you need when you are fighting for your life. We will do everything we can to fight for you. Moreover, Mr. Howard will give you an honest assessment of your case and explain the law and your legal options.
Some of the features that make Mike Howard different from other lawyers are:
- Mr. Howard treats clients with respect – Some lawyers take advantage of their clients’ ignorance of the law, but not Mike Howard. He makes sure that clients understand the nature of the criminal charges against them so they can make informed decisions about their case. Treating our clients with respect and dignity is a cornerstone of our legal practice at The Law Office of Mike Howard.
- Mr. Howard advocates for his clients– Mike Howard knows that being accused of any crime in Dallas can be intimidating. That’s why he serves as your fierce advocate when you’re facing the full weight and resources of the government. He believes in standing up for people who are facing criminal accusations and helps them navigate the criminal justice system with confidence.
- Mr. Howard centers his practice on his clients: While some lawyers treat clients like case numbers, Mr. Howard centers his practice on client relationships. He takes the time to listen to the facts of your case and understand your objectives. Due to his compassionate approach and skillful legal representation, many former clients of Mr. Howard recommend him to others.
- Mr. Howard keeps you updated: When you work with our legal team, you won’t have to worry about the status of your case. Mr. Howard prides himself on strong client communication and ensures his team does everything possible to quickly answer questions and return messages.
- Mr. Howard doesn’t back down: Mr. Howard isn’t afraid to go to trial when that is what will best serve his clients. He isn’t afraid of local prosecutors and fights back when they don’t offer fair plea agreements. He pushes for a fair resolution of the case in and out of the courtroom.
- Mr. Howard is a recognized leader in the legal community – Mr. Howard and his firm have been recognized as Thomson Reuters Super Lawyers 2019 to 2024, The National Trial Lawyers Top 100 2023 and 2024, Best by D Magazine 2016 to 2024, and members of the Texas Criminal Defense Lawyers Association, National Association of Criminal Defense Lawyers, and the Dallas Criminal Defense Lawyers Association.
- Mr. Howard’s legal team has an impressive track record of success – Since 2020, our criminal defense law firm has secured more than 120 dismissals. We’ve also won many cases at trial, so you can feel confident that you are in trusted hands.
Learn more about what it’s like to work with our award-winning law firm when you call for a confidential consultation today.
How a Dallas Criminal Trespass Lawyer Can Help
When you’re facing criminal trespass charges, you might not think the situation is too serious. You might think the easiest way to resolve the matter is to simply plead guilty or no contest. However, that action could have a negative impact on your life and lead to unexpected consequences.
It is advisable to hire an experienced criminal defense lawyer to defend you against these charges. When you hire The Law Office of Mike Howard, we assist with all aspects of your case, including:
- Legal consultation: Mike Howard and his legal team begin the process by meeting with you to discuss your side of the story. From here, we can explain the nature of the charges against you, possible strategies, and the legal process ahead.
- Investigation: We can conduct an independent investigation into the case and gather evidence to support your version of events. This may involve requesting video footage or cell phone records, interviewing witnesses, and photographing the lack of notice signs.
- Case handling: We handle the details of your case and speak on your behalf so you don’t have to worry about doing anything that could harm your case.
- Legal defense strategy: We devise a defense strategy that is tailored to your particular case.
- Negotiations with prosecutors: We can work with prosecutors to negotiate reduced charges, seek alternative resolutions, or request a dismissal of the case, when possible.
- Legal representation: If any court appearances are necessary, we stand beside you and represent your interests.
At The Law Office of Mike Howard, we know that innocent people can get arrested, charged, and convicted of various crimes when they do not have solid legal representation. Don’t fall victim to the criminal justice system. Call us today for a confidential legal consultation.
Criminal Trespass Charges in Dallas
A person commits criminal trespass (Texas Penal Code § 30.05) if the person enters or remains on or in property of another, without effective consent and the person:
- had notice that the entry was forbidden. OR
- received notice to depart but failed to do so.
Here, we break down these legal elements further:
What Is Entry Under the Texas Trespass Law?
Unlike in a burglary case, for criminal trespass, “entry” requires intrusion of the entire body. This means the accused’s entire body must enter the property. It’s not enough to stick your arm through a window, for instance.
What Is Notice Under the Texas Trespass Law?
Notice under the criminal trespass law in Texas means that you had oral or written communication not to enter the property. You can be given notice in several ways in Texas, including from a person with apparent authority, signage, or by directly telling you. Specifically, Texas law says notice can constitute any of the following:
- Oral or written communication by the owner or someone with apparent authority to act for them
- Fencing or other enclosures obviously designed to keep intruders out or contain livestock
- A sign posted on the property or at the entrance to a building that an intruder would reasonably come upon, indicating that entry is forbidden
- The placement of identifying purple paint marks on trees or posts on the property that are vertical lines of at least eight inches in length and one inch in width, placed so 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 anyone approaching the property and no more than 100 feet apart on forest land or 1,000 feet apart on other land
- The visible presence on the property of a crop grown for human consumption that is under cultivation
Because the notice requirement is very fact-specific, it’s best to work with legal counsel to determine if you had notice or if it was deficient to justify the criminal charges against you.
What Does Criminal Trespassing Look Like?
You can be charged with criminal trespassing for a number of reasons, including:
- Going onto property you know you shouldn’t be on
- Illegally occupying someone else’s property
- Jumping a fence onto someone else’s property
- Remaining on property after being told to leave
- Going onto someone else’s property to disrupt their business
- Going onto property to damage it
- Refusing to leave a store after a security guard asked you to leave
- Carrying a holstered handgun onto a property that has a “firearms prohibited sign”
Where Can Criminal Trespass Occur in Texas?
Criminal trespass can occur on various types of properties, including:
- Homes
- Buildings
- Shelters
- Infrastructure
- Boats
- Aircraft
- Vehicles
- RV parks
- Agricultural land
Police officers and others who enter the property to perform a job duty are usually exempt from the criminal trespass law in Texas.
Related Charges
Burglary is a similar offense to criminal trespass. Oftentimes, if the prosecutor cannot prove burglary, they will charge criminal trespass.
Even though Texas is an open-carry state, private property owners and business owners have the right to prohibit the open carrying of handguns if they provide proper notice. Under Texas Penal Codes 30.06 and 30.07, it is illegal to carry a concealed or open-carry handgun on someone else’s property without their consent if you have received notice that open carrying or carrying a concealed handgun is prohibited. This crime is a Class C misdemeanor, punishable by a fine of up to $200, but can be elevated to a Class A misdemeanor, punishable by up to one year in jail, if the defendant refused to leave after they were given notice.
See our property crimes page for more information about property crimes generally.
Resources and Information
See our criminal defense resource center for more information on fundamental rights in a criminal case, definitions of culpable mental states (intentionally, knowingly, etc), defenses to prosecution, and more.
What are the Penalties for Criminal Trespassing in Dallas?
If you are convicted of criminal trespassing, your charges will determine the severity of your sentence. Your defense attorney can explain the difference between the types of criminal trespassing and their respective sentences.
In most cases, a criminal trespass charge is a Class B misdemeanor. If you are convicted, you could face up to 6 months in jail and up to $2,000 in fines.
However, criminal trespass of a habitation, shelter center, or critical infrastructure facility or carrying a deadly weapon while trespassing are both considered Class A misdemeanors. That means your sentence could be up to 1 year in jail and $4,000 in fines.
Collateral Consequences for a Criminal Trespass Conviction
In addition to possible jail time and fines, you can face collateral consequences if you are convicted of criminal trespass in Texas. A conviction – even for a misdemeanor offense – can result in a criminal record. This can make it harder to get a job, a professional license, or housing.
Your reputation could also be damaged. A prior criminal history can affect the sentencing of any later crimes you are convicted of.
For these reasons, working with an experienced criminal defense lawyer is crucial.
Defending Criminal Trespass Charges in Dallas
The first step in defending a person accused of committing a crime is to read the charging documents to determine exactly what they are accused of. The prosecution has the burden of proof to show that you committed the crime by proof beyond a reasonable doubt. Your defense lawyer may be able to raise various defenses on your behalf, depending on the facts and circumstances of the case, such as:
- Consent: It may be possible to show that you had the owner’s express or implied consent to be on the property with evidence such as text messages or signs welcoming the public.
- Lack of evidence: The prosecution may be unable to meet its burden that you committed each element of the offense to secure a conviction.
- Lack of notice: It may be possible to argue that you were not given proper notice that entry was prohibited, notice to leave was given by someone without the legal authority to give it, or you did not receive a clear demand to leave.
- Mistake of fact: It may be possible to show that you genuinely and reasonably believed you had the right to be on the property.
- Constitutional violations: This legal defense arises when police violated your constitutional rights during the investigation or arrest. Any evidence that was illegally obtained can be suppressed so that it is not used against you.
- Exempts: The criminal trespass law does not apply to certain individuals who are performing official duties, including firefighters or emergency medical services providers acting in their official duty under exigent circumstances, employees or agents of an electric utility, gas utility, pipeline, electric cooperative, telecommunications provider, or video service provider acting within the scope of their employment, or an individual employed by an entity that is believed to have consent or authorization to be on the property.
Our experienced Dallas criminal trespass lawyer can investigate your case to determine which of these or other defense strategies are best to raise in your defense. At The Law Office of Mike Howard, we develop strategic defenses that are tailored to our clients’ particular situation. Call us today for a confidential consultation to discuss your case and possible defenses.
Choosing the Right Criminal Trespass Lawyer in Dallas
Searching for criminal trespass lawyers in Dallas can be overwhelming. After all, you are choosing someone who will hold your life, your future, and your family’s future in their hands. You have to be comfortable with them and feel that you can trust the information and advice they give you. Lawyers are supposed to always work in their clients’ best interest. That shouldn’t just be meaningless talk.
First, talk to several lawyers to get a feel for them and their staff. Do they take the time necessary to get to know you, to listen to what’s important to you, and answer your questions? Second, do they show you that you matter to them as a person and not just as a fee? Third, beware of lawyers who put the hard sell on you, who make big promises. No lawyer should ever make a guarantee about a case. Finally, absolutely avoid a lawyer who doesn’t communicate the scope of the work and their fee clearly in a written contract.
Contact Our Criminal Trespass Lawyer in Dallas Today
If you are facing criminal trespass charges in Dallas, Texas, do not take the situation lightly. A conviction can result in fines, jail time, and a criminal record that follows you around for the rest of your life.
You need a serious criminal defense that aims to reduce or eliminate the consequences of a conviction. An experienced Dallas criminal trespass lawyer from The Law Office of Mike Howard can provide the skilled legal representation you need at this critical time in your life. Contact us today to arrange a confidential consultation to discuss your particular case and learn how we can help.
