What Constitutes Criminal Trespassing?

Trespassing is unlawfully entering or staying on the property of another after you’ve been warned that your presence is unwelcome. There are many different circumstances that can constitute trespassing, but all cases center on the fact the accused was informed in some matter that they were not permitted to remain upon or enter the premises. Though they may seem inconsequential, criminal trespassing charges should always be taken seriously. A skilled criminal defense attorney is a valuable protection against your charges.

Florida Criminal Trespass Laws

Florida has four ways with which you can be charged with trespassing, each addressed in the Florida Statutes Chapter 810:

1. Trespass in Structure or Conveyance: This statute states that anyone who willfully enters or remains in a structure or vehicle without being licensed, authorized, or invited is committing criminal trespass. This statute also addresses individuals who have had their invitation revoked and have been warned to depart by the owner or lessee of the building or vehicle but refuse to do so.
2. Trespass on Property other than a Structure or Conveyance: This statute addresses individuals who have entered other properties than a conveyance or structure, despite actual communication, fencing, or posted warnings. If these individuals enter or remain on the premises without permission, they have committed criminal trespass.
3. Trespass upon Grounds or Facilities of a School: Any person who does not have legitimate business on campus or is a student currently under suspension or expulsion may not enter or remain upon the grounds of a school or facility owned by the school.
4. Trespass on School Property with a Firearm: An individual who trespasses upon school property may not bring or possess firearms on that property.

A mistaken trespass is not considered to be criminal until the individual fails to depart after a warning has been issued. Your defense may hinge upon proving that you had no intent to actually trespass. Discuss the details with your attorney to build the strongest case possible.

The Penalties of Criminal Trespass

Most criminal trespass charges are minor, but they still can come with costly fines on jail time if you are found guilty. For this reason, you should get help from a criminal defense lawyer. Your attorney can help you defend yourself from the charges and prevent you from facing harsh penalties.

Trespassing penalties may include:

• Trespass in Structure or Conveyance: A second-degree misdemeanor, with up to 60 days in jail and up to $500 in fines. If the offender was armed with a firearm or other weapon, the charges are increased with a third-degree felony, with up to 5 years in prison and up to $5,000 in fines.
• Trespass on Property other than a Structure or Conveyance: A first-degree misdemeanor, with up to 1 year in jail and fines up to $1,000. If the offender was armed, the charges are considered a third-degree felony, with up to 5 years in prison and up to $5,000 in fines.
• Trespass upon Grounds or Facilities of a School: A first-degree misdemeanor, with up to 1 year in jail and $500 in fines.
• Trespass on School Property with a Firearm: A third-degree felony, with up to 5 years and fines up to $5,000.

Due to the strict consequences you may be facing, your attorney will help you devise a strategic defense for your charges. Felony charges can have a strong impact on your future. Criminal trespass charges should always be taken seriously, and engaging the services of an experienced lawyer can help you fight for your freedom.

If you are facing criminal trespassing charges, you should retain the dedicated, experienced services of our Daytona Beach criminal defense lawyers. Our firm has more than 35 years of combined experience protecting the rights of our clients. At Stepniak & Park, we offer the high-quality, aggressive legal defense your case requires.

Contact our offices to schedule a free case evaluation by calling (386) 868-4771 today.