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Criminal Trespass

Criminal trespass is the crime of being on another’s property when not welcome. While being charged with criminal trespass may initially seem like an open and shut case not worth fighting, the Texas criminal trespass statute is construed somewhat narrowly which can often times provide a defense for a person charged with criminal trespass. Because criminal trespass can be charged as a Class C, B, or A Misdemeanor, it is important to consult a qualified criminal defense attorney to discuss your case and determine if you may have a legal defense to the charges you face.

Definition of Criminal Trespass in Collin County, Texas

In Texas, a person commits 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 consent and the person:

  1. had notice that the entry was forbidden; or
  2. received notice to depart but failed to do so.

Degrees of Criminal Trespass

The severity of the charge stemming from committing criminal trespass primarily depend upon the circumstances of the events which led to your arrest. For example, if you commit criminal trespass while carrying a deadly weapon, you will be charged with a Class A Misdemeanor without regard to where the offense occurred. Other factors which can affect the severity of a criminal trespass charge include:

  • possession of a weapon
  • the type of property on which the offense occurred
  • whether access to the property was expressly forbidden
  • the proximity of the person in relation to the boundary of the property

Defending Criminal Trespass in Collin County, Texas

If you have been accused of criminal trespass and are facing criminal charges, Mark O’Bryan will thoroughly investigate the facts and circumstances leading up to your arrest and aggressively fight to defend your legal rights and achieve a favorable outcome for you.