If you are arrested for trespassing, consult an Austin criminal defense attorney immediately. In the State of Texas, certain property owners and/or their representatives can issue what are called Criminal Trespass Notices (CTNs). The police do indeed need to be present when the trespassing warnings are issued. 

To keep a record of the trespassing citation, the police need to be on-site to document it in their system. This is important because if the trespasser returns, the law enforcement officer won’t be able to make a trespassing arrest without proof of the initial warning. 

Furthermore, when the police respond to the second trespassing call, the person must be still on the property (i.e., still trespassing). It is recommended that the owner or owner’s representative place the trespasser under citizen arrest while waiting for the officer to arrive. 

This will ensure that the trespasser is still on site when law enforcement arrives. If the trespasser leaves the property on their second trespassing incident, you can still call the police and have the crime documented in a police report. From there, a warrant for the trespasser’s arrest can be issued.

It’s important to know as well that a trespassing warning is only good for one year. This means if the trespasser returns to the property in question after 375 days, they can not be arrested, just warned again.

Trespassing Basics

Texas Penal Code 30.05 defines trespassing as entering private property, which includes business establishments, either without the owner’s consent or after your right to enter has been revoked. The person must be aware that they are on private property and/or that they have been banned by the establishment. 

This is why it’s so common to see large rural properties fenced off with “no trespassing” signs posted every few hundred feet—this way, the owner is making it clear to hunters, campers, squatters, and others that the undeveloped area is not a park or government land but rather their “backyard.” 

If a hunter accidentally wanders out of a wilderness area into someone’s back pasture where there is no indication that it’s private property, the hunter is not guilty of trespassing. If the hunter crossed a fence or wall to get onto the private property, it’s reasonable the hunter should have known he was leaving the wilderness area and potentially entering private property. It’s not necessary that “no trespassing signs” be posted for the hunter to have known crossing a fence could have put him on private property. 

In Texas, purple paint along property lines will also suffice as lawful notice of crossing a property line. The paint line must be obvious, though. This aspect of the law helps farmers protect crops without having the expense of fencing large amounts of land.

Likewise, if someone does not leave after an event that they were invited to conclude, this also constitutes trespassing. The party hosts can call the police and tell them the guest refuses to leave.

Trespassing Is a Class A or B Misdemeanor

Trespassing is usually a Class B—sometimes a Class A—misdemeanor in Texas. What does that mean? It means you can go to jail for trespassing. The penalty for committing a Class B misdemeanor is paying a fine of up to $2,000 and/or serving up to 180 days in jail. If trespassing occurs on farmland, within 100 feet of a lake or river (freshwater only), or the trespasser had a deadly weapon, it becomes a Class A misdemeanor. Then, the penalties increase to one year in jail and/or a $4,000 fine. 

If the trespass involved an intent to steal anything once on the property, then the crime changes from trespassing to burglary. Since the definition of burglary includes entering private property with intent. If an assault, sex crime, or any felony occurred during the trespass, you would most likely be charged with a more serious offense. Through a plea bargain, the charge could be reduced back down to trespassing if the prosecutor had any reason to negotiate.

Always have the right defense attorney, even for a misdemeanor charge, as the penalties can be serious. 

Contact Our Austin Trespassing Defense Attorneys Right Now

The Austin trespassing defense lawyers at the Law Offices of David D. White are available around the clock to best serve you. If you are arrested for trespassing, please contact our offices as soon as possible. We will fight for you!