If you’re facing trespassing charges in Florida, the consequences can be serious, including criminal penalties and a permanent record. Whether the charges involve trespassing on private property or unlawfully entering a structure or vehicle, having an experienced criminal defense attorney on your side is crucial.
Metcalf Falls, Criminal Defense Attorneys, P.A., represents clients across Florida, defending their rights and crafting strong legal strategies. Call (813) 981-7005 today for a free consultation.
What Is Trespassing in Florida?
Trespassing is defined under Florida law in two main statutes:
- Trespass in a Structure or Conveyance (§ 810.08): This applies when someone willfully enters or remains in a structure (like a building) or conveyance (like a vehicle) without authorization or after being asked to leave by the property owner or authorized personnel.
- Trespass on Property Other Than a Structure or Conveyance (§ 810.09): This applies when someone unlawfully enters or remains on open land, fenced areas, or other private property without authorization or after being warned to leave.
In both cases, the prosecution must prove that the entry was intentional and without permission.
Penalties for Trespassing in Florida
The penalties for trespassing in Florida vary based on the type of property involved and the specific circumstances of the alleged offense. Aggravating factors, such as the presence of a weapon or prior offenses, can elevate the charges and lead to more severe consequences.
Trespassing in a Structure or Conveyance
Under Florida Statute § 810.08, entering or remaining in a structure (such as a home or business) or conveyance (such as a vehicle or boat) without permission can result in the following penalties:
Misdemeanor Offense:
- If no one is present at the time of the trespass, it is considered a second-degree misdemeanor, punishable by:
- Up to 60 days in jail,
- A fine of up to $500,
- Up to 6 months of probation, and
- A permanent criminal record that could impact future employment opportunities.
Felony Offense:
- If another person is present, or if the trespasser is armed, the offense is elevated to a third-degree felony, punishable by:
- Up to 5 years in prison,
- A fine of up to $5,000,
- Up to 5 years of probation, and
- Potential loss of civil rights, such as firearm ownership and voting rights.
Additionally, a conviction may result in court-ordered restitution if property damage occurs during the trespassing incident.
Trespassing on Property Other Than a Structure or Conveyance
Florida Statute § 810.09 covers trespassing on land, such as private property, farms, and school grounds. The penalties depend on whether the property is enclosed, posted with no trespassing signs, or used for specific purposes.
Misdemeanor Offense:
- Entering unfenced or unposted property without permission is generally classified as a first-degree misdemeanor, punishable by:
- Up to 1 year in jail,
- A fine of up to $1,000,
- Up to 12 months of probation, and
- Community service requirements.
Felony Offense:
- If the property is fenced, posted with clear no trespassing signs, or designated for agricultural, commercial, or government use, trespassing may be charged as a third-degree felony, with penalties including:
- Up to 5 years in prison,
- A fine of up to $5,000,
- Potential forfeiture of hunting or fishing licenses, and
- Increased penalties for repeat offenses.
Certain properties, such as schools or construction sites, may carry enhanced penalties to deter unauthorized entry due to safety concerns.
How to Defend Against Trespassing Charges
Trespassing charges don’t automatically mean a conviction. At Metcalf Falls, Criminal Defense Attorneys, P.A., we will thoroughly evaluate the details of your case and explore all possible legal defenses to protect your rights.
Lack of Intent
For a conviction, the prosecution must prove that you intentionally entered or remained on the property without authorization. If you accidentally wandered onto private property or misunderstood property boundaries, we can challenge the intent element of the charge.
Permission Was Granted
In some cases, defendants had permission to enter the property but later faced accusations after a dispute or miscommunication with the property owner. We can present evidence of prior consent or misunderstandings.
Insufficient Evidence
The prosecution has the burden of proof, and if there is insufficient evidence to establish that a trespass occurred, we can seek to have the charges reduced or dismissed.
- Key factors we examine:
- Lack of surveillance footage or credible witnesses,
- Unclear property lines or boundaries,
- Inconsistent statements from the property owner.
Violation of Your Rights
If law enforcement violated your constitutional rights during the investigation or arrest, such as conducting an unlawful search or seizure, we can challenge the admissibility of evidence and seek dismissal of the charges.
By exploring these and other legal defenses, our experienced attorneys will work to achieve the best possible outcome for your case.
Key FAQs About Trespassing Charges in Florida
Can Trespassing Charges be Dropped?
Yes, trespassing charges can be dropped if the evidence is weak, unclear, or fails to show that you knowingly entered private property without permission. Prosecutors must prove intent, and any gaps in proof can lead to a dismissal. An experienced criminal defense attorney can assess the case and challenge the evidence early.
What Are the Potential Penalties for Trespassing in Florida?
Penalties for trespassing range from fines and probation to jail time, depending on whether the charge is a misdemeanor or a felony. Factors like being armed, entering a structure, or having prior convictions can significantly increase the consequences. Courts may also impose additional conditions, such as community service or no-contact orders.
What Should I Do if I’m Accused of Trespassing?
If you’re accused of trespassing, do not make statements to police—anything you say can be used against you. Instead, contact a criminal defense attorney immediately so they can intervene, protect your rights, and begin building a defense. Early legal guidance often makes a substantial difference in the outcome.
Can I be Arrested for Accidentally Entering Private Property?
Yes, you can still be arrested even if the entry was a mistake, because officers make decisions based on what they observe at the moment. However, lack of intent is a powerful defense that can weaken or dismiss the case. An attorney can present evidence to show that the entry was accidental and not willful.
How Does Signage Affect Trespassing Charges?
Proper “No Trespassing” signage is required for certain trespassing charges, especially on properties without fences or barriers. If signs are missing, not clearly visible, or improperly placed, the prosecution’s case may be significantly weakened. Your attorney can investigate the property conditions to challenge whether the law was followed correctly.
Why Work With Our Florida Trespassing Defense Attorneys?
A conviction for trespassing in Florida can have serious consequences, including fines, jail time, and a lasting criminal record. It can also impact your reputation and create challenges in areas like employment, housing, and education. Working with an experienced property crimes defense attorney, such as Brett Metcalf, can help you protect your rights and minimize the long-term effects. Key reasons to choose Brett include:
- Prosecutorial Insight: As a former prosecutor, Brett Metcalf understands how trespassing cases are built and prosecuted. He knows what evidence the state relies on and how to effectively challenge it.
- Strategic Defense Planning: Brett carefully analyzes each case to identify potential defenses, such as showing you had permission to be on the property or that the allegations lack sufficient proof. His approach is focused on reducing or dismissing charges wherever possible.
- Extensive Experience: Since 2012, Brett has defended Florida residents accused of trespassing on private, commercial, and government properties. From the first consultation, he explores every legal avenue, whether through negotiation or courtroom advocacy.
- Proven Track Record: Brett has been recognized as a Super Lawyers Rising Star, holds a perfect 10 rating on Avvo.com, and has earned over 90 five-star client reviews. His results reflect a strong commitment to helping clients move forward without a criminal record holding them back.
Fight Trespassing Allegations With a Skilled Defense Attorney
If you’ve been charged with trespassing in Florida, don’t navigate the legal system alone. Contact Metcalf Falls, Criminal Defense Attorneys, P.A., for experienced legal representation.
Call (813) 981-7005 or fill out our online contact form to schedule your free consultation.
