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Trespassing is the crime of unlawfully entering another personís property without permission or authority.  Interfering with an owner or legal tenantís use of their property, such as enclosing a portion of anotherís land, also constitutes trespass.  Trespass is usually a criminal misdemeanor, and is also a crime from which a victim may recover monetary damages. 

A person commits the crime of trespass in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property. The nature of the property determines the seriousness of the offense.  For example, trespassing at a school is a more serious offense than trespassing in a rural field.

In order to be convicted of criminal trespassing the prosecution must prove: 

  • The unlawful entry onto anotherís land
  • The trespasser knew that they were not permitted on the land

Trespassing may seem like a relatively minor criminal charge, but there can be unfortunate life consequences for anyone who ends up with a permanent criminal record. A criminal conviction shows up on a background check, and  can limit your ability to get many different kinds of jobs.

The Consequences of Trespassing Include:

  • Imprisonment
  • Fines
  • Monetary damages paid to the landowner

If you are accused of trespassing you should speak to a lawyer immediately to learn more about your rights, your defenses, and the complicated legal system. We will help you fight these charges, and give you every opportunity to get the charges dismissed, or beat them at trial. Call The Sheena Law Firm today for a consultation.

Danny M. Sheena, P.E.

The Sheena Law Firm
2500 West Loop South, Suite 518
Houston, Texas 77027
(713) 224-6508 - Office
(713) 225-1560 - Fax

Email: [email protected]


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