Trespassing is usually charged as a misdemeanor offense in Florida, though it can be charged as a felony if the defendant had a firearm on that at the time of trespass. There are two types of trespassing in Florida, as well as multiple defenses that can be taken to have the charges dropped. If you are facing trespassing charges, do not hesitate to contact a criminal defense attorney today for immediate help.
Trespass in a Structure or Conveyance
According to Florida statute 810.08, trespass in a structure or conveyance is defined as willfully entering or remaining in any structure or conveyance without authorization. This includes being invited onto the premises, but refusing to leave when asked to. Trespass in a structure or conveyance is a second degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500. However, if a person was present in the structure at the time when the defendant trespassed, the charge will be increased to a first degree misdemeanor. And, if the defendant had a gun on them at the time of trespass, the offense will be charged as a third degree felony, punishable by up to five years in prison and a fine of $5,000.
Trespass on Property Other Than a Structure or Conveyance
According to Florida statute 810.09, trespassing on property other than a structure or conveyance, such as a person’s land, is defined as occurring when a person, without permission, willfully enters or remains in any property other than a structure or conveyance and there was actual communication to the offender in the form of a posting, fence, or cultivation. Trespassing on property other than a structure or conveyance results in a first degree misdemeanor charge, which is punishable by up to one year in jail and a fine of $1,000. Just as is the case of trespassing in a property or structure, if the defendant had a gun on them at the time of trespassing, the offense will be increased to a third degree felony.
Defense of Trespass in West Palm Beach
There are many defenses to trespassing, depending on the specifics of your case. For instance, there may have been a misunderstanding of communication and you did not know that the party intended for you to leave. Or, the required signage of a property, such as a field, was missing, too small to read, or placed in an obscure location. Defenses that we may take include:
- Lack of notice;
- Unwillful entry or desire to remain on the property;
- Implied invitation;
- Lack of communication or poor communication to leave, or no communication whatsoever; and
- Signage not posted properly.
Contact a West Palm Beach Criminal Defense Attorney Today
If you have been charged with trespassing in Florida, you need an experienced West Palm Beach attorney to provide the defense required to have the charges dropped. Contact the Skier Law Firm at (561) 220-3355 today for immediate assistance.