Aggravated trespassing charges can carry serious consequences, impacting your freedom and future. With over sixty years of combined experience in criminal defense, our firm understands the complexities of Texas trespassing laws and how to challenge the prosecution’s case.
Your Fort Worth aggravated trespassing attorney with Cofer Luster Criminal Defense Lawyers will evaluate the details of your arrest, identify weaknesses in the evidence, and develop a strong defense strategy to protect your rights.
Call (682) 777-3336 or contact our firm today for a confidential consultation in Fort Worth, Texas.
How Cofer Luster Criminal Defense Lawyers Can Help You Fight Aggravated Trespassing Charges in Fort Worth, TX
At Cofer Luster Criminal Defense Lawyers, we aggressively defend those accused of aggravated trespassing and other related property crimes. If you have been arrested and charged, our Fort Worth criminal defense attorneys can work for you to:
- Examine property rights and prior warnings
- Challenge the prosecution’s claims of intent to commit an offense while on the property
- Analyze and gather video evidence
- Cross-examine witnesses to expose inconsistencies in the allegations against you
- Defend against weapons-related charges if you were accused of trespassing while armed
- Negotiate for reduced charges or case dismissal when evidence is weak
- Take your case to trial, if necessary
Texas takes aggravated trespassing allegations seriously. Let our team fight for your rights and build the strongest defense strategy possible based on the circumstances of your case.
What Constitutes Aggravated Trespassing in Fort Worth?
Aggravated trespassing occurs when someone unlawfully enters or remains on another person’s property with additional factors that make the offense more severe. A simple trespassing charge becomes aggravated when the individual carries a weapon, threatens the property owner, or violates specific restrictions such as restraining orders.
Key Elements of Aggravated Trespassing Charges
For prosecutors to charge you with aggravated trespassing, they must prove certain legal elements. The first requirement is unlawful entry, meaning you entered or remained on someone else’s property without permission. Second, the prosecution must show intent to harass, intimidate, or harm someone.
Other aggravating factors can elevate a misdemeanor trespassing charge to a felony offense. If the case involves domestic violence, prosecutors may argue that your presence posed a greater threat. Carrying a weapon, trespassing in a restricted area, or making verbal or physical threats can all lead to more severe consequences.
Your Fort Worth aggravated trespassing attorney from Cofer Luster Criminal Defense Lawyers can examine the details of your case to determine whether the prosecution has enough evidence to justify an aggravated charge.
Locations in Fort Worth Where Aggravated Trespassing Charges Commonly Occur
Aggravated trespassing arrests happen most often in locations where security risks or legal restrictions are in place.
Certain areas are more likely to trigger severe charges due to their restricted access or history of previous trespassing incidents, such as:
- Private residences: Entering someone’s home without permission
- Apartment complexes: Trespassing in gated communities or violating restraining orders by visiting a former partner’s residence increases legal risks.
- Government buildings: Unauthorized entry into city offices, courthouses, or law enforcement facilities can result in felony charges.
- Businesses and retail stores: Entering a store after being banned or engaging in threatening behavior on commercial property may escalate a case.
- Schools and college campuses: Violating school property rules, particularly when minors are present, often leads to heightened penalties.
- Hospitals and medical facilities: Security concerns at healthcare facilities make trespassing in these areas a serious offense.
- Construction sites: Entering a restricted job site can result in additional charges due to safety hazards and property damage risks.
- Railroads and transportation hubs: Unauthorized entry onto railway tracks, train stations, or airport property is considered a serious trespassing violation.
- Military bases and restricted federal property: Trespassing can lead to federal charges and enhanced sentencing.
Trespassing in these locations can carry heavier penalties due to increased security concerns, restricted access, or previous legal warnings. If you were previously barred from the property or violated restraining orders, the court may impose stricter sentencing. Aggravated trespassing charges can also be enhanced if law enforcement believes you posed a threat to the public or disrupted operations in sensitive areas.
Penalties for Aggravated Trespassing in Fort Worth
Under Texas Penal Code § 30.05, criminal trespassing is typically a misdemeanor, but aggravating factors can elevate the charge to a more serious offense. If the trespassing involved a restricted area, a deadly weapon, or a violation of a protective order, the consequences become more severe.
When aggravated trespassing is charged as a state jail felony, sentencing falls under Texas Penal Code § 12.35, which allows for up to two years in a state jail facility and significant fines. If the case involves violence, weapons, or repeat offenses, enhanced sentencing may apply, leading to even longer incarceration.
Your Aggravated Trespassing Lawyer in Fort Worth Is Ready to Defend You
Criminal charges have the potential to derail your life. Your aggravated trespassing attorney in Fort Worth with Cofer Luster Criminal Defense Lawyers is prepared to fight back against the allegations and pursue the best possible outcome in your case. Get started today by submitting a request through our contact form or by calling our office.
