Criminal Trespass

Criminal Trespass Defense Texas

If you’ve just been arrested for criminal trespass in Travis County, you probably have a thousand questions racing through your mind. What can I do now? What is the process? Will I go back to jail?

You need experienced Austin criminal trespass attorneys who understand the Travis County court system inside and out. We zealously represent your rights throughout this process and answer all the questions you have along the way.

Our team has a combined 30+ years of experience helping people charged with criminal trespass in Austin. We will tell you what to expect and how to improve the chances of getting the best result. Having experienced attorneys can make the difference between getting your case dismissed or being convicted.

See Our Recent Dismissals

What is Criminal Trespass?

In Texas, criminal trespassing is categorized under Chapter 30 of the Texas Penal Code. The penalties and charges associated with criminal trespassing in Texas depend on the circumstances of the trespass and the type of property trespassed upon. Here's a basic breakdown:

General Criminal Trespass: A person commits criminal trespass if they enter or remain on someone else's property without the owner's permission, and they had notice that the entry was forbidden or received notice to depart but failed to do so.

Penalty: This is generally a Class B misdemeanor, punishable by:

  • A fine up to $2,000.

  • Jail time up to 180 days.

  • Or both.

Criminal Trespass on Agricultural Land: If the trespassing occurred within 100 feet of the boundary of either a freshwater area (which could be a reservoir, stream, pond, etc.) the charge is is considered a Class C misdemeanor.

Penalty: Class C misdemeanor, punishable by:

  • A fine up to $500.

  • No jail time is associated with a Class C misdemeanor.

In some circumstances, a criminal mischief charge can be enhanced to a Class A misdemeanor. For example, if the trespasser has a deadly weapon or had prior arrests for the same charge that resulted in a conviction or deferred adjudication. Additionally, certain types of properties, like a power plant, shelter center, superfund site, critical infrastructure facility, or within a protected freshwater area, the penalties may be enhanced to a Class A misdemeanor.

Penalty: Class A misdemeanor, punishable by:

  • A fine up to $4,000.

  • Jail time up to one year.

  • Or both.

Contact The Law Office of Charlie Roadman to handle your Texas Criminal Trespass Case

Contacting a lawyer if you're facing criminal trespass charges in Texas is crucial for several reasons:

Expertise in Legal Procedures: We are well-versed in the legal procedures and can guide you through the complexities of the Texas legal system. We will ensure that all paperwork, court appearances, and required actions are handled correctly and promptly.

Understanding of Texas Penal Code: Our attorneys will have specific knowledge of the Texas Penal Code and any recent amendments, helping you understand the severity of the charges and potential penalties you face.

Protection of Rights: Our defense attorneys will protect your rights and ensure that you're treated fairly throughout the legal process. They'll be on the lookout for any violation of your rights, such as unlawful searches or interrogations.

Building a Strong Defense: Every case has unique factors and circumstances. Our attorneys will review the specifics of your situation, gather evidence, interview witnesses, and craft the best possible defense strategy on your behalf.

Plea Bargaining: If appropriate, we can negotiate with the prosecutor for a reduced sentence or even for the charges to be dropped, especially if it's a first-time offense or there are issues with the evidence.


Immediately. An attorney should be working on your case right away. We want to talk to witnesses as soon as possible and protect any evidence that will help the case. Hiring an attorney is also a good way to alleviate the stress and anxiety that comes with being arrested.

CAN A criminal trespass CHARGE BE DISMISSED?

Yes, but it depends on the circumstances of the arrest and what you are willing to do while the case is pending. We have negotiated hundreds of dismissals in Travis County using our knowledge and experience of what works in Austin. In order to help us get the best result, we will create a customized Action Plan for you.


No. They must qualify for a personal bond. And even if they do qualify, it can take 24 hours or more to be released. We can speed up the process significantly. And trust us, everyone wants out of jail as soon as possible. HERE IS MORE INFO ON JAIL RELEASES.