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Texas Criminal Defense Lawyer Wayne Goralski

 An experienced criminal lawyer fighting for your rights

Criminal Trespass

If you have been charged with Criminal Trespass in Texas, you need an experienced criminal defense lawyer on your side. Have you been arrested? If you want justice, then you will have to fight for it and present your case in the best possible light. The other side wants to win, if you have been charged with a crime in Texas, you need an experienced criminal defense lawyer on your side.  Attorney Wayne Goralski  will fight to defend the rights of his clients. He has built his reputation on getting results. As a criminal defense lawyer Wayne Goralski understands how to deconstruct a criminal case, and build your defense case, so that you can assert the best criminal defense.  He is intimately familiar with all facets of the Texas criminal justice system, and has the criminal defense knowledge and skill to make sure you understand your legal options and to guide you through the criminal legal process.

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Attorney Wayne Roger Goralski is a Houston-based attorney, working as a criminal defense lawyer and handling civil litigation cases, has more than 27 years of experience as a former criminal justice professional with the Houston Police Department. Wayne has been trained and has handled Burglary and Theft Investigations as an police investigator for Houston Police Department. Wayne Goralski, served as the Administrative Lieutenant for the Burglary and Theft Division, the HPD’s largest investigative division, with  administrative and operational responsibilities for the division, including the review through the intake section of all arrests with holds for property crimes such as burglary, felony theft, misdemeanor theft, burglary of a motor vehicle, criminal mischief, financial crimes, forgery, insufficient funds, credit card fraud, criminal trespass, and identity theft.  Wayne is now honorably retired and practicing law as the owner of his own law office. Wayne Goralski spent 10 years working the streets of Houston as a Supervisor and a Police Officer, and 17 additional years as a Squad and Division Commander. Wayne Goralski worked for several years as the Supervising Staff Attorney, in the Chief’s Command for the Chief of Police.  Wayne Goralski has been a licensed Texas attorney for 17 years, since 1997.

Based in Houston Criminal Attorney Wayne Goralski has handled cases for clients in numerous Texas Courts including the Harris County Civil, District and County Criminal, Family, and Juvenile Courts. Wayne Goralski has represented clients, all over Southeast Texas, including various related city courts, Houston, Pasadena, Baytown, Bellaire,  League City, Missouri City, Pearland, Seabrook, Stafford, Sugarland, Tomball, and in the Woodlands.If you need an experienced based in Houston criminal lawyer, call Wayne now.

The list of crimes and variations that form the category known as Criminal Trespass in Texas are found in Chapter 30. of the Texas Penal Code.  Based on the context, the situation, the characteristics of the act and property in question, the extent of the trespass, the exact title of the criminal offense and penalties will vary. It is important to hire an experienced Texas or Houston Criminal Defense Lawyer who will examine and find each and every disputable element to the benefit of the defendant.

Sec. 30.05.  CRIMINAL TRESPASS.  (a)  A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:

(1)  had notice that the entry was forbidden; or

(2)  received notice to depart but failed to do so.

(b)  For purposes of this section:

(1)  “Entry” means the intrusion of the entire body.

(2)  “Notice” means:

(A)  oral or written communication by the owner or someone with apparent authority to act for the owner;

(B)  fencing or other enclosure obviously designed to exclude intruders or to contain livestock;

(C)  a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;

(D)  the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:

(i)  vertical lines of not less than eight inches in length and not less than one inch in width;

(ii)  placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground;  and

(iii)  placed at locations that are readily visible to any person approaching the property and no more than:

(a)  100 feet apart on forest land;  or

(b)  1,000 feet apart on land other than forest land;  or

(E)  the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.

(3)  “Shelter center” has the meaning assigned by Section 51.002, Human Resources Code.

(4)  “Forest land” means land on which the trees are potentially valuable for timber products.

(5)  “Agricultural land” has the meaning assigned by Section 75.001, Civil Practice and Remedies Code.

(6)  “Superfund site” means a facility that:

(A)  is on the National Priorities List established under Section 105 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9605);  or

(B)  is listed on the state registry established under Section 361.181, Health and Safety Code.

(7)  “Critical infrastructure facility” means one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders:

(A)  a chemical manufacturing facility;

(B)  a refinery;

(C)  an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility;

(D)  a water intake structure, water treatment facility, wastewater treatment plant, or pump station;

(E)  a natural gas transmission compressor station;

(F)  a liquid natural gas terminal or storage facility;

(G)  a telecommunications central switching office;

(H)  a port, railroad switching yard, trucking terminal, or other freight transportation facility;

(I)  a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas; or

(J)  a transmission facility used by a federally licensed radio or television station.

(8)  “Protected freshwater area” has the meaning assigned by Section 90.001, Parks and Wildlife Code.

(9)  “Recognized state” means another state with which the attorney general of this state, with the approval of the governor of this state, negotiated an agreement after determining that the other state:

(A)  has firearm proficiency requirements for peace officers; and

(B)  fully recognizes the right of peace officers commissioned in this state to carry weapons in the other state.

(10)  “Recreational vehicle park” has the meaning assigned by Section 13.087, Water Code.

(11)  “Residential land” means real property improved by a dwelling and zoned for or otherwise authorized for single-family or multifamily use.

(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1138, Sec. 4, eff. September 1, 2009.

(d)  An offense under this section is:

(1)  a Class B misdemeanor, except as provided by Subdivisions (2) and (3);

(2)  a Class C misdemeanor, except as provided by Subdivision (3), if the offense is committed:

(A)  on agricultural land and within 100 feet of the boundary of the land; or

(B)  on residential land and within 100 feet of a protected freshwater area; and

(3)  a Class A misdemeanor if:

(A)  the offense is committed:

(i)  in a habitation or a shelter center;

(ii)  on a Superfund site; or

(iii)  on or in a critical infrastructure facility; or

(B)  the person carries a deadly weapon during the commission of the offense.

(e)  It is a defense to prosecution under this section that the actor at the time of the offense was:

(1)  a firefighter or emergency medical services personnel, as defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances;

(2)  a person who was:

(A)  an employee or agent of:

(i)  an electric utility, as defined by Section 31.002, Utilities Code;

(ii)  a telecommunications provider, as defined by Section 51.002, Utilities Code;

(iii)  a video service provider or cable service provider, as defined by Section 66.002, Utilities Code;

(iv)  a gas utility, as defined by Section 101.003, Utilities Code, which for the purposes of this subsection includes a municipally owned utility as defined by that section;

(v)  a gas utility, as defined by Section 121.001, Utilities Code;

(vi)  a pipeline used for the transportation or sale of oil, gas, or related products; or

(vii)  an electric cooperative or municipally owned utility, as defined by Section 11.003, Utilities Code; and

(B)  performing a duty within the scope of that employment or agency; or

(3)  a person who was:

(A)  employed by or acting as agent for an entity that had, or that the person reasonably believed had, effective consent or authorization provided by law to enter the property; and

(B)  performing a duty within the scope of that employment or agency.

(f)  It is a defense to prosecution under this section that:

(1)  the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and

(2)  the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun.

(g)  It is a defense to prosecution under this section that the actor entered a railroad switching yard or any part of a railroad switching yard and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. Section 151 et seq.).

(h)  At the punishment stage of a trial in which the attorney representing the state seeks the increase in punishment provided by Subsection (d)(3)(A)(iii), the defendant may raise the issue as to whether the defendant entered or remained on or in a critical infrastructure facility as part of a peaceful or lawful assembly, including an attempt to exercise rights guaranteed by state or federal labor laws.  If the defendant proves the issue in the affirmative by a preponderance of the evidence, the increase in punishment provided by Subsection (d)(3)(A)(iii) does not apply.

(i)  This section does not apply if:

(1)  the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and

(2)  the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon

Don’t delay. Contact the Law Office of Wayne Goralski today.    When you have been charged with a crime, choose a based in Houston criminal defense attorney with the experience and dedication to make a difference. Call 832-834-5656 or contact the office online to schedule your initial consultation regarding your criminal case. With offices conveniently located in Houston, Texas, Mr. Goralski is a Houston Criminal Defense Lawyer who stands ready to represent you in your criminal matter.

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