Criminal Defense

Trespassing Charges in Florida

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.

Frequently Asked Questions About Trespassing in Florida

Can trespassing charges be dropped?

Yes, trespassing charges may be dropped if there is insufficient evidence or if the prosecution fails to prove intent or knowledge of being on private property without permission. A criminal defense attorney can help evaluate the strength of the case.

What are the potential penalties for trespassing in Florida?

Trespassing in Florida can result in fines, community service, probation, or jail time, depending on the circumstances and whether the offense is classified as a misdemeanor or felony. Repeat offenders or trespassing with aggravating factors can face harsher penalties.

What should I do if I’m accused of trespassing?

If you’re accused of trespassing, it’s important to avoid making any statements to law enforcement, as anything you say can be used against you in court. Instead, contact a criminal defense attorney immediately, who can help guide you through the legal process and work to protect your rights.

Can I be arrested for accidentally entering private property?

Although intent plays a significant role in trespassing charges, you can still be arrested for entering private property without permission, even if it was accidental. A skilled criminal defense attorney can help build a case that shows you had no intent to trespass, which may reduce or dismiss the charges against you.

How does signage affect trespassing charges?

For properties without fences, clear “No Trespassing” signs must be posted in order for trespassing charges under § 810.09 to apply. If the signage is missing, unclear, or insufficient, this can serve as a valid defense to challenge the charges against you.

Why Work With Our Florida Trespassing Defense Attorneys?

A trespassing conviction in Florida can leave you with a criminal record, fines, and possible jail time. Beyond the legal penalties, it can tarnish your reputation and create challenges when seeking employment, housing, or educational opportunities. Working with an experienced property crimes defense attorney like Brett Metcalf gives you the best chance of avoiding these long-term consequences and clearing your name.

Brett Metcalf’s experience as a former prosecutor equips him with a deep understanding of how trespassing cases are prosecuted. He knows how to analyze the evidence and identify potential defenses, such as proving that you had permission to be on the property or that the allegations lack sufficient evidence. Brett’s strategic approach allows him to build a strong case aimed at reducing or dismissing the charges against you.

Since 2012, Brett has defended Florida residents accused of criminal trespass on private, commercial, and government properties. From your initial consultation, Brett works tirelessly to explore every legal option, whether through negotiation or a robust courtroom defense.

Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.

Call Metcalf Falls Today for a Free Consultation

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.

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