Criminal trespass might sound like a minor charge — and a lot of people assume there’s not much to fight. That’s a mistake. The Texas criminal trespass statute is more narrowly drawn than most people realize, and the State has to satisfy specific legal requirements to convict you. “Notice” has a precise legal definition with multiple forms, entry has its own definition, and the circumstances of your case — where it happened, what you were carrying, whether the notice was actually valid — can significantly affect the charge level and available defenses.
I’ve been defending criminal trespass charges in Collin County for over a decade. Before you assume your case is a foregone conclusion, let me take a look at the facts. You may have more options than you think.
Criminal Trespass Charge Levels in Texas
Trespass Near a Property Boundary
A reduced charge applies when the offense is committed on agricultural land within 100 feet of the property boundary, or on residential land within 100 feet of a protected freshwater area. Punishment: a fine of up to $500 — no jail time.
Criminal Trespass — Default Charge
The standard charge for most criminal trespass offenses in Texas. Applies when no aggravating factors are present. Punishment range: up to 180 days in jail and a fine of up to $2,000.
Criminal Trespass — Elevated Charge
Charged as a Class A Misdemeanor when the offense occurs in a habitation or shelter center, on a Superfund site, on or in a critical infrastructure facility, in a residential treatment center, or when the person carries a deadly weapon during the commission of the offense. Punishment range: up to 1 year in jail and a fine of up to $4,000.
In rare circumstances, criminal trespass can escalate to a third-degree felony (2–10 years in prison) when committed in connection with a human smuggling offense under §20.05(a)(2) of the Texas Penal Code. This is an uncommon scenario — the vast majority of criminal trespass charges fall within the three misdemeanor tiers above.
What the State Has to Prove
Two elements of the criminal trespass statute are worth understanding closely — because they’re where a lot of these cases can be challenged.
Unlike burglary — where intruding any part of your body is legally sufficient — criminal trespass under §30.05(b)(1) requires intrusion of the entire body. If you were leaning over a fence, reaching through a gate, or standing at the edge of a boundary line, that may not meet the statutory definition of entry. It’s a narrower standard than most people expect, and it matters.
The State must prove you had notice that entry was forbidden — or that you received notice to depart and refused. Texas law defines notice in five distinct ways, each with its own requirements. Not every “keep out” sign or verbal instruction legally qualifies. If the notice wasn’t given in a legally sufficient form, that’s a real defense.
The Five Forms of Legal Notice Under Texas Law
Under §30.05(b)(2), notice can be established through any of the following:
- Oral or written communication from the owner or someone with apparent authority to act for the owner
- Fencing or other enclosure obviously designed to exclude intruders or contain livestock
- Signs posted on the property or at the entrance to a building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden
- Purple paint marks on trees or posts — but only if the marks meet very specific requirements: vertical lines at least 8 inches long and 1 inch wide, with the bottom of the mark between 3 and 5 feet from the ground, placed at locations readily visible to anyone approaching and no more than 100 feet apart on forest land or 1,000 feet apart on other land
- The visible presence of a crop grown for human consumption that is under cultivation, being harvested, or marketable if harvested at the time of entry
The specificity of these requirements matters. A sign that wasn’t reasonably visible, a fence that didn’t obviously signal exclusion, or purple paint marks that didn’t meet the statutory dimensions may not legally constitute notice — and without valid notice, there’s no criminal trespass.
How I Challenge Criminal Trespass Charges
Criminal trespass cases often look straightforward on the surface. They rarely are. Here are the angles I examine in every case.
Defective or Insufficient Notice
This is where I start on most criminal trespass cases. The notice requirements under Texas law are specific — and if the State can’t establish that legally sufficient notice was given, the charge falls apart. Was the sign actually visible? Were the purple paint marks the right size and in the right location? Was the verbal communication from someone with actual or apparent authority? These aren’t technicalities — they’re the elements of the offense, and the State has to prove every one of them beyond a reasonable doubt.
Consent and Right to Be There
Criminal trespass requires entry or remaining without effective consent. If you had permission to be on the property — as a tenant, an invited guest, an employee, or based on any prior authorization — that’s a complete defense. The question of what constitutes effective consent can be more nuanced than it appears, particularly in situations where permission was previously given and later revoked, or where the extent of the authorization is disputed.
Challenging Entry
As noted above, criminal trespass requires intrusion of the entire body. If the facts of your case show you were at or near a boundary but never fully crossed onto the property, that’s worth examining. The State carries the burden of proving entry occurred — and that’s not always as clear-cut as an arrest report makes it sound.
Statutory Exemptions
Texas law provides explicit defenses for certain categories of people: firefighters and EMS personnel acting under exigent circumstances in the lawful discharge of their duties, and employees or agents of utility companies — electric, gas, telecommunications, pipeline — performing work within the scope of their employment. If you were on the property in a professional capacity with authorization, or as an agent of an entity that had a legal right to be there, that may be a complete defense under §30.05(e).
License Holders and Firearm-Related Trespass
If you’re a license holder charged under §30.06 or §30.07 — the statutes specifically governing trespass by concealed or open-carry handgun license holders — those are distinct offenses with their own elements, sign requirements, and defenses. That topic is covered on its own page here.
Frequently Asked Questions About Criminal Trespass in Texas
What counts as legal “notice” that entry is forbidden in Texas?
Texas law defines notice five ways: oral or written communication from the owner or someone with apparent authority; fencing obviously designed to exclude intruders; posted signs reasonably likely to come to the attention of intruders; purple paint marks on trees or posts meeting specific size and placement requirements; or the visible presence of crops under cultivation. Each form has its own requirements — and if the notice given doesn’t satisfy them, it may not legally count.
Can I be charged with criminal trespass if I didn’t know I was trespassing?
It depends on how notice was given. Criminal trespass doesn’t require you to have seen a sign or spoken to the owner personally — notice can be established through fencing, posted signs, or even purple paint marks that you may not have noticed. That said, if the notice was not legally sufficient — wrong sign placement, paint marks that didn’t meet the statutory requirements, a fence that didn’t obviously signal exclusion — the State may not be able to establish the notice element at all.
What’s the difference between criminal trespass and burglary in Texas?
The key distinction is intent and the definition of entry. Burglary requires entry with intent to commit a felony, theft, or assault — and “entry” for burglary means intruding any part of the body. Criminal trespass has no intent requirement beyond being somewhere you’re not supposed to be, and “entry” requires your entire body. In practice, a reduction from a burglary charge to criminal trespass can be a meaningful outcome — the difference between a felony and a misdemeanor on your record. Learn more about burglary charges here.
Will a criminal trespass conviction stay on my criminal record in Texas?
A conviction becomes a permanent part of your record. However, if your case is dismissed — whether through a successful defense or a deferred disposition — you may be eligible for an expunction, which seals the arrest from your record entirely. Whether that’s a realistic option depends on how the case resolves and the specific facts involved. It’s one of the reasons the outcome of the case matters so much, even for a misdemeanor charge.
What should I do after being charged with criminal trespass in Collin County?
Don’t assume the case is too minor to fight — the notice requirements under Texas law are specific, and there may be more to work with than it appears. Contact a criminal defense attorney as soon as possible. I handle criminal trespass cases throughout Collin County and offer a free consultation — reach out and we can talk through your situation.
Serving All of Collin County
I defend clients throughout Collin County, including:
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