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What is criminal trespass?
Texas Penal Code §30.05 generally addresses entering or remaining on another person’s property without effective consent after notice that entry is forbidden, or receiving notice to leave and failing to do so. Under this section, entry means the entire body enters.
The allegation does not require a theft or damage to property. A dispute may focus on permission, how notice was communicated, who had authority, or whether the person left. An arrest or warning alone does not establish guilt.
Notice can be more than a written warning
A police-issued form is not the only way to receive notice. The statute recognizes several forms, including:
- Oral or written communication from the owner or someone with apparent authority to act for the owner.
- A fence or enclosure obviously intended to keep intruders out or contain livestock.
- Signs posted where they are reasonably likely to be seen and indicating that entry is forbidden.
- Purple paint marks that meet the statute’s requirements for size, height, visibility, and spacing.
Is trespass a misdemeanor or a felony?
Criminal trespass is generally a Class B misdemeanor, but that is not the only possible classification. The property, conduct, and applicable statutory provisions matter. Read the complete entry rather than assuming that every trespass charge has the same consequences.
| Classification | General context |
|---|---|
| Class B misdemeanor | The general classification under §30.05, unless an exception applies. |
| Class A misdemeanor | Listed circumstances such as a habitation, shelter center, certain infrastructure, or other qualifying facts. |
| Class C misdemeanor | Narrow circumstances involving specified agricultural or residential land; not a general rule for all outdoor trespass. |
| Third-degree felony | A special provision tied to committing an offense under §20.05(a)(2). |
This is a summary, not a complete checklist of exceptions or defenses. Weapon-related entry rules and other specialized provisions require separate review. Classifications and punishment limits are not bond quotes.
Source: Texas Penal Code Chapter 30 — Criminal trespass and burglary
Trespass and burglary are different charges
Criminal trespass focuses on unauthorized entry or remaining after the required notice. Burglary under §30.02 involves specified unauthorized entry into, or concealment in, a building or habitation with intent to commit a felony, theft, or assault, or entry followed by committing or attempting one of those offenses.
A broken window or forced door is not always required for burglary, and a completed theft is not always required either. The statutory entry definitions also differ: burglary can involve part of a body or a connected physical object. Check whether the actual record says trespass, burglary of a building, burglary of a habitation, or burglary of a vehicle.
Common questions about trespass warnings
Does a warning have to be signed or issued by police? Not in every situation. Oral notice and the other statutory forms can matter. Keep any written notice and tell your attorney exactly what was said, by whom, and when.
How long does a warning last? Do not assume every notice has the same expiration date. Ask counsel to review the wording, property, authority, and any later permission. A bond condition or court order may impose a separate restriction.
Can I return to collect my belongings? Owning items at a location does not by itself settle permission to enter. Arrange an authorized way to collect them through appropriate channels and check any court restrictions first.
Does leaving after police arrive automatically erase the issue? Leaving may be relevant to the facts, but it does not automatically determine whether an earlier offense occurred. Let an attorney assess the sequence of events.
Keep a clear record for your attorney
Preserve original material without editing it. Avoid returning to a disputed location simply to collect evidence. Your attorney can help identify a lawful way to resolve access or property questions.
- Keep any warning, citation, release paperwork, and court or bond conditions.
- Write down the location, dates, who gave notice, and what was communicated.
- Preserve existing messages about permission and any photographs or recordings already lawfully in your possession.
- List questions about access, belongings, and future contact before taking another step.
After an arrest: separate release from the case
Confirm the facility, full charge, court-set bond, and whether there are other charges or holds. A warning alone is not the same thing as a court’s bond order. The statutory charge classification also does not tell you what the bond will be.
AAA can review the posted bond and explain the application, payment terms, and paperwork. Your defense attorney handles the allegation and legal options. After release, follow court dates, bond conditions, and any property or contact restrictions until they are properly changed.