Principal Office
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
Years Defending Texans
Cases Dismissed
Criminal Cases Handled
Counties Served Across Texas
Available | Serving All of Texas
Criminal trespass charges in Texas may seem minor—but they can carry jail time, fines, and a criminal record that follows you.
And in many cases, the situation isn’t as simple as it first appears. Trespass laws depend on how the incident happened—whether you had notice to leave, how the property was marked, and what actions were taken.
That’s where the defense matters. At the Law Offices of Richard C. McConathy, we’ve handled hundreds of trespass and property-related cases across Dallas and Fort Worth. We know how these charges are built—and how to challenge them.
If you’re facing charges, working with an experienced Dallas County property crime lawyer can make a critical difference in your case.
Criminal trespass is defined in Texas Penal Code §30.05. The statute covers several different scenarios, and the charge level depends on the specific circumstances.
The most common charge is basic criminal trespass, which occurs when you:
This is a Class B misdemeanor, punishable by up to 180 days in jail and fines up to $2,000.
Many basic trespass cases are defensible. Did you actually see the sign? Did you have permission from someone who gave you authority? Was the property actually fenced? These factual questions matter.
Criminal trespass becomes a Class A misdemeanor (up to 1 year in jail, fines up to $4,000) when:
Aggravated trespass is more serious and requires additional elements beyond simple trespass. The prosecution must prove not just that you were trespassing, but that you had a weapon or specific intent.
If an owner or authorized person tells you to leave and you refuse, you’re trespassing. This is a basic trespass charge and one of the most common scenarios.
However, the request must be clear. Vague comments or assumptions don’t count. The owner must communicate that you’re not welcome and you must understand the directive to leave.
Different fact patterns require different defense strategies.
You might argue you had permission to be on the property. This could be from the owner, tenant, property manager, or someone with actual authority.
Text messages, emails, or witness testimony proving you were invited is crucial. If a property manager told you to use certain areas but you went elsewhere, you might argue conditional permission.
The property might have “No Trespassing” signs, but you didn’t see them. Texas law requires actual or constructive notice that you’re not welcome.
Visible, clearly legible signs from the road provide constructive notice. However, if signs are faded, hidden behind bushes, or only on the back of a property, arguments about whether you had notice become viable.
If property isn’t fenced and there are no signs, did you actually know you were trespassing? Unmarked private property in rural areas, or property that blends with surrounding public land, can create legitimate disputes about notice.
Someone ordered you off property—but did they actually have authority? An employee telling you to leave is not the same as the owner or property manager telling you to leave.
If a security guard or low-level employee gave conflicting orders compared to the property manager, you can argue you reasonably believed you had permission.
Trespass charges at apartments are common but frequently defensible.
Issues include:
Many apartment complex trespass cases are resolved by showing you had legitimate access or the complex wasn’t clear about boundaries.
The timeline and your legal options matter.
Police arrive after a property owner calls. They interview the property owner and you, often separately. At this point, anything you say can be used against you. Do not explain yourself to police. Invoke your right to counsel.
The police report will be biased toward the property owner, who called them. The officer didn’t witness the trespass and is relying on one-sided information.
You’ll be arrested or issued a citation. If arrested, you’ll go to the police station for booking and can be held for up to 72 hours before arraignment.
Ask to speak with an attorney immediately. Do not answer questions without counsel present.
You’ll appear in court within 72 hours. At this hearing, bail is set (or you may be released on recognizance) and you’ll be advised of the charges.
This is not the time to plead guilty. Even if offered probation, take time to consult with our attorneys first.
Our firm will obtain the police report, property owner’s statement, photos of the property (including whether signs are visible), and any video evidence. We’ll investigate independently: visit the property, photograph conditions, identify potential witnesses, and assess the strength of the state’s case.
Trespass cases have numerous defenses. Here are the most common and effective.
If you didn’t know you were trespassing, you can’t be guilty under Texas law. The prosecution must prove you had actual or constructive notice that you weren’t welcome.
If you didn’t see signs and no one told you to leave, reasonable doubt exists. We investigate:
The owner or authorized person gave you permission to be there. This could be express (verbally or written) or implied by custom or behavior (you’ve been going on the property for years without objection).
Text messages, emails, witness testimony, or the owner’s own admissions can prove consent. We gather this evidence aggressively.
The person who told you to leave didn’t have authority. If a security guard, employee, or tenant told you to leave but the owner didn’t authorize the ban, the charge fails.
Trespass requires notice from someone with actual authority. We determine who actually had that authority.
Even if you initially didn’t know you were trespassing, once told to leave you must actually leave. But what counts as being “told to leave”?
The notice must be clear and you must refuse. If the owner said you could take a few hours to gather your things, you’re not trespassing while doing that. If they said “eventually get off my land,” that’s not a clear directive.
Were you actually the person who was trespassing? This defense is especially viable if the property owner can’t clearly identify you, or if you were at a different location.
Police rely on property owner identification. If the ID is questionable, we exploit that weakness.
Some property is open to the public or has public access rights. Beach property in Texas has public access below the high tide line. Some “private” roads are legally public easements.
We investigate whether you actually had a legal right to be on the property.
In rare cases, you trespassed to prevent serious harm. You entered someone’s garage to stop someone from driving drunk, or you crossed posted property while fleeing danger.
Necessity and duress defenses are narrow but can apply in specific situations.
Most trespass cases resolve through negotiation, but if yours goes to trial, here’s what happens.
The state must prove every element of trespass beyond a reasonable doubt. This is a high standard. The jury must be convinced, not just suspicious.
We hammer on reasonable doubt. We cross-examine the property owner about whether notice was clear. We introduce evidence of implied consent or mistaken identity.
The person who called police is usually the prosecutor’s main witness.
We cross-examine them aggressively:
Many property owners recall details differently than what’s in the police report. We exploit those inconsistencies.
The officer didn’t see the trespass—they’re just repeating what the owner said. We challenge the officer’s assumptions and point out they didn’t investigate thoroughly.
Did they photograph the property? Did they look for signs? Did they talk to you about your account? Incomplete investigations strengthen your case.
You can testify in your own defense. Many defendants do. You’ll explain:
This is powerful because it puts your version before the jury. However, you’ll be cross-examined aggressively. We prepare you thoroughly.
Many trespass cases are resolved before trial.
If evidence of actual notice is weak, we negotiate for dismissal. Prosecutors sometimes agree to drop charges if they recognize the case is defensible.
Trespass might be reduced to something less serious. In some cases, prosecutors will agree to charges being dismissed if you complete community service or stay out of trouble for a set period.
Probation is often available as an alternative to conviction. You serve probation (typically 6 months to 2 years), and if you successfully complete it, the charge can be dismissed or reduced.
This keeps the conviction off your record—a huge benefit for employment and housing.
Some cases resolve with restitution to the property owner and community service. This is far preferable to a conviction and jail time.
A conviction carries consequences beyond the jail sentence and fine.
Landlords and employers run background checks. A trespass conviction can disqualify you from jobs, apartments, and certain professions. Many employers have policies against hiring people with criminal records, especially trespass or burglary-related charges.
If you’re pursuing a career requiring professional licensing (nursing, law, education, etc.), a trespass conviction can affect your ability to obtain or renew a license.
Colleges and universities ask about criminal history. A conviction can affect admissions and financial aid eligibility.
A criminal record follows you for life. It appears on background checks, even if later dismissed or reduced. Some convictions can be sealed under Texas law, but only after a waiting period.
You might think, “It’s just trespass—I’ll plead guilty and be done with it.” This is a common mistake.
Property owners often can’t prove notice was clear. Photographs might not show visible signs. They might admit you didn’t cause damage or violate any safety.
The prosecutor doesn’t reduce charges or dismiss cases for defendants representing themselves. An attorney with experience and relationships can negotiate favorable outcomes.
A conviction affects your life far beyond the 180-day jail sentence. Our job is to protect your record, your career, and your reputation.
Criminal trespass charges that individuals often take lightly. However, the penalties associated with the crime should be taken very seriously.
Contact the Dallas property crime lawyer or a Dallas criminal defense lawyer today for a consultation about your alleged offense in Irving, Dallas, Carrollton, Richardson, and surrounding areas of Dallas County, Texas.
Whether you're facing a felony charge or fighting a traffic ticket, every case deserves serious attention. Get an experienced defense team in your corner now.
