Can You Trespass on Your Own Property?

November 30th, 2015 by Tad Nelson in Criminal Defense

Trespassing is a common offense in Texas, as it is in many other states. Even normally law-abiding citizens may find themselves charged with trespassing at some point in their lives. Typical trespass situations may include hunting or hiking on another’s land, or cutting through someone’s yard or a construction site. In some circumstances, the penalties for trespassing are relatively light, and you may even receive a simple warning for a first-time offense. However, any criminal conviction on your record is not exactly desirable, no matter what level of misdemeanor the offense may be. In fact, in some cases, the offense can rise to the level of a Class A misdemeanor, which carries more serious penalties under Texas law.

Defining Criminal Trespass Under Texas Law

Texas Penal Code §30.05 provides that an individual commits criminal trespass if he or she enters in or remains on or in property of another without effective consent. The individual also must have had notice that entry was forbidden or received notice to leave, but failed to do so. For the purposes of this law, “property” includes a building, an aircraft, and a vehicle. “Notice” can consist of a written or oral communication by the property owner or someone who has authority to act on his or her behalf, or other forms of notice as set forth in the law.

Can You Trespass on Your Own Property?

In reality, pursuant to Texas law, it is not necessarily possible to trespass on your own property. However, it may be considered trespass if you enter property that once belonged to you without the current owner’s consent. This may occur, for example, in the case of divorced spouses; if one spouse loses rights to the family home, but enters without consent of the owner, then he or she could, in fact, be found guilty of trespass.

Contact Your Houston Trespassing Lawyer Today

If you are charged with any level of criminal trespass under Texas law, you will want and need the services of an experienced Texas criminal defense lawyer to assist you. There are valid defenses to a trespassing charge, and there also are instances in which a conviction can be avoided altogether. Contact the Law Offices of Tad Nelson & Associates right away, and learn what we can do for you. Our positive case results show we are committed to defense.

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