A criminal trespass charge may sound minor, but in Texas it carries real and lasting consequences. Even a misdemeanor arrest can affect your reputation, employment, and housing opportunities. A conviction can result in fines, jail time, and a permanent criminal record. At The Napier Law Firm, we understand how stressful these charges can be and we are committed to providing aggressive, personalized legal defense. Attorneys George Napier and Monica Cooper Napier have the local experience and courtroom skill needed to protect your rights.
What Is Criminal Trespass in Texas?
Texas law defines criminal trespass under Penal Code §30.05 (see statute: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.30.htm). A person commits trespass if they enter or remain on another person’s property without effective consent after receiving notice that entry is forbidden, or if they refuse to leave after being told. Notice can come in several forms: signs, fencing, verbal warnings, purple paint markings on trees or posts, or physical barriers designed to keep people out.
Examples of Trespass Under Texas Law
- Walking onto private land marked with ‘No Trespassing’ signs or purple paint markings without consent.
- Refusing to leave a home, apartment, or business after being told to do so by the owner or manager.
- Entering a commercial property after hours without authorization from management.
- Hunting, fishing, or camping on rural property without landowner permission.
- Crossing into a restricted area such as a construction site or fenced-off utility zone.
Penalties for Criminal Trespass in Texas
Texas punishes trespassing based on the location and circumstances of the offense:
Class C Misdemeanor
Up to $500 fine (basic trespass without aggravating factors).
Class B Misdemeanor
Up to 180 days in jail and $2,000 fine (trespassing on property after receiving notice).
Class A Misdemeanor
Up to 1 year in jail and $4,000 fine (trespassing in a residence/habitation or repeat offender).
Third-Degree Felony
2 to 10 years in prison and fines up to $10,000 (trespass while armed with a deadly weapon or intent to commit another felony).
Collateral consequences of a conviction can be just as serious: difficulty finding employment, losing housing opportunities, immigration complications, and restrictions on professional licenses. Even a Class C misdemeanor can create a permanent record that shows up on background checks. In some situations, relief may be available through expunction or nondisclosure (see: https://www.thenapierlawfirm.com/expunctions).
Defenses to Criminal Trespass Charges
Not every accusation of trespassing results in a conviction. There are many valid defenses depending on your case. At The Napier Law Firm, we thoroughly investigate the circumstances and craft a defense strategy that fits your situation.
- Consent – You had the owner’s permission to be on the property.
- Lack of Notice – No clear signage, fencing, or verbal warning that entry was forbidden.
- Mistaken Identity – You were not the person who entered the property.
- No Intent – You did not knowingly or intentionally trespass.
- Emergency or Necessity – Entering the property to protect yourself or others from harm.
- Constitutional Violations – If law enforcement violated your rights during the arrest, evidence may be suppressed.
In some cases, we can also negotiate alternative outcomes such as deferred adjudication or pretrial diversion programs, which may allow you to avoid a conviction and protect your record.
Why Hire The Napier Law Firm?
The Napier Law Firm has built a reputation in Houston for strong, results-driven defense in trespass and property crime cases. When you hire our firm, you get more than just legal representation—you gain an advocate dedicated to protecting your freedom and future.
- Local Knowledge – We understand Harris County prosecutors, judges, and court procedures.
- Property Crime Focus – Experience with trespass, burglary, theft, and related charges.
- Aggressive Advocacy – We challenge weak evidence and fight unlawful prosecutions.
- Track Record – Dismissals, reductions, and favorable plea negotiations in Houston courts.
- Client Care – We prioritize communication, so you always know where your case stands.
We also provide defense in related areas such as [burglary](https://www.thenapierlawfirm.com/burglary-defense), [theft crimes](https://www.thenapierlawfirm.com/theft-crimes), and [assault](https://www.thenapierlawfirm.com/assault-defense). Our comprehensive criminal defense practice allows us to protect clients across a wide range of charges.
Take Action Today
If you’ve been charged with criminal trespass in Houston, Harris County, Montgomery County, Fort Bend County, Galveston County, or anywhere in Greater Houston, don’t face it alone. Contact The Napier Law Firm today for a free, confidential consultation. We will review the facts of your case, explain your options, and build a defense strategy tailored to your needs.
📞 Call us now or visit https://www.thenapierlawfirm.com/contact to schedule your consultation.
Your freedom, reputation, and future deserve strong protection.