Texas Criminal Trespass Lawyer

A criminal trespass accusation raises real fear about a record that follows you for years, but one charge does not decide what happens next. The Law Offices of Richard C. McConathy defends people across Texas against these charges.

The Law Offices of Richard C. McConathy represent people across Texas who are fighting these charges, from a first written warning through trial.

How Can the Law Offices of Richard C. McConathy Help With a Trespassing Charge?

The Law Offices of Richard C. McConathy represents Texans facing criminal charges. Richard C. McConathy has over 35 years of courtroom experience. The firm has handled more than 6,000 criminal cases and reached a dismissal outcome in more than 1,000 of them.

A person who calls the firm speaks with the attorney who works the case from the first meeting through resolution. That attorney reviews the notice, the property records, and the arrest paperwork directly, rather than handing the file to a junior associate.

Free consultations are available around the clock, since an arrest rarely happens during office hours. Case results depend on the specific facts of each matter, and no outcome gets promised before the attorney reviews the file.

Our offices work criminal trespass cases from offices in Dallas, Fort Worth, Plano, Denton, Weatherford, Irving, Frisco, and Arlington, covering courts throughout Texas.

Is a Criminal Trespass Charge Serious in Texas?

A criminal trespass charge in Texas ranges from a Class B misdemeanor up to a state jail felony, based on where the entry happened and what the accused person was carrying.

The base charge under Penal Code Section 30.05 covers entering or staying on someone else's property without effective consent after notice that entry was forbidden.

Effective consent means the property owner or someone with authority over the property agreed to the entry. Notice can come from a posted sign, a fence, a verbal warning, a written warning, or purple paint marks placed on trees or posts under specific rules set out in the statute.

What a Texas Criminal Trespass Lawyer Reviews First

At the Law Offices of Richard C. McConathy, we start by reading the charging paperwork against the notice given. The property type, notice method, and any weapon involved all shift how the case gets charged and what penalty range applies.

These ranges come from Penal Code Chapter 12, which sets the punishment for each misdemeanor and felony class in Texas. Trespassing on agricultural land under certain conditions may instead bring a lower, fine-only Class C misdemeanor charge.

What Counts as Criminal Trespass Under Texas Law?

Criminal trespass in Texas requires two things: no effective consent to be on the property, and clear notice that entry was off-limits. Without both elements present, the charge may not hold up.

Texas law recognizes several forms of notice under Section 30.05. A property owner or someone controlling the property may warn people off in more than one way, and each method carries its own proof requirements in court.

• Posted signage placed where a reasonable person would see it before entering.
• Fencing or another physical barrier that plainly separates the property from public access.
• Purple paint marks on trees or posts, sized and spaced according to the statute.
• A verbal warning given by the owner or someone with authority over the land.
• A written warning, including a trespass warning, left with a person or mailed to their address.

The type of notice given often becomes the center of the case. A lawyer checks whether the notice was clear, whether it actually reached the accused person, and whether the property records back up the owner's claim.

What Happens After a Criminal Trespass Arrest in Texas?

A criminal trespass case in Texas usually starts with either a citation or a full arrest, depending on the officer's judgment and the circumstances at the scene. From there, the case moves through a set sequence of court steps.

• Booking or citation, where the person receives paperwork listing the charge and a court date.
• Arraignment, where the court reads the charge and the person enters an initial plea.
• Pretrial proceedings, where the defense reviews evidence and may file motions.
• Plea negotiation or trial, where the case resolves through an agreement or a court decision.
• Sentencing, if the case ends in a conviction, based on the charge level.

Each step gives the defense a chance to raise questions about the notice, the property, or the arrest itself. A missed deadline or a skipped step at any stage may affect the rest of the case.

Can a Criminal Trespass Charge Be Reduced or Dismissed in Texas?

A criminal trespass charge in Texas may end in dismissal, a reduced charge, or a resolved case short of trial, depending on the facts and the notice given. Texas courts and prosecutors have more than one path available outside a straight conviction.

• Deferred disposition, where the case gets dismissed after a person completes a set period of court supervision without entering a guilty plea.
• Pretrial diversion, a program that lets certain first-time offenders avoid a conviction by meeting specific conditions before trial.
• Reduced charge, where the prosecutor agrees to a lower-level offense based on weak notice or unclear property lines.
• Dismissal, where the prosecutor drops the case entirely due to insufficient evidence of notice or consent.
• Trial, where a judge or jury decides the case after both sides present evidence.

What Should Someone Do Immediately After Being Charged With Criminal Trespass?

A person charged with criminal trespass in Texas should take a few concrete steps once they are home and safe, before the case moves further through the court system. What happens in the days right after a charge often shapes the options later on.

• Call a lawyer before the first court date to review the charge and the notice.
• Avoid contact with the property owner or anyone connected to the alleged trespass.
• Save any evidence, including texts, emails, or photos related to the property or the notice.
• Stay off social media about the case, since posts may get used against the person later.
• Show up to every court date, even ones that seem procedural, to avoid a warrant.

These steps protect the case while a lawyer works out a strategy. Skipping any of them, especially avoiding a court date, may create a second legal problem on top of the original charge.

How Much Does a Texas Criminal Trespass Lawyer Cost?

The cost of hiring a criminal trespass lawyer in Texas depends on the charge level, the complexity of the notice dispute, and whether the case heads toward a plea or a trial. There is no single fee that applies to every case.

• Charge severity, since a state jail felony typically takes more attorney time than a Class B misdemeanor.
• Evidence complexity, such as a disputed notice, unclear property lines, or multiple witnesses.
• Case stage, since a case resolved early often costs less than one that reaches trial.
• Prior record, which may affect how much negotiation the case requires.

FAQ for Texas Criminal Trespass Lawyer

Talk to a Texas Criminal Trespass Lawyer Before Your Next Court Date

A criminal trespass charge does not sit still while a person waits to figure out next steps. Court dates arrive fast, and the notice evidence that matters most is often easiest to gather right after the charge, not months later.

The Law Offices of Richard C. McConathy reviews the notice, the property, and the paperwork directly.