Trespassing in occurs when someone enters or remains on a building, vehicle, property, or school grounds without explicit permission. Being charged with trespassing typically occurs when someone ignores warning signs that include messages such as “employees only,” “no entry,” or “no trespassing.” Furthermore, bypassing a fence may also count as trespassing.
Trespassing sounds like a minor offense. However, every case is unique and the circumstances of your case may dictate just how harsh the penalties may be. This may sound intimidating or confusing, but it means that with the right legal representation, you have a chance at a positive outcome for your case. A Boca Raton trespassing lawyer at Leifert & Leifert can help you understand the charges you may be facing.
Types of Trespassing and Associated Consequences
According to Florida state §810.08, trespassing is a misdemeanor that can be categorized into three different types. Boca Raton trespassing attorneys are uniquely qualified to help individuals understand the specific charges and consequences they may be facing, as well as the defense strategies that can be used to combat them.
The first category, which is trespassing as a second-degree misdemeanor, includes trespassing in a structure or conveyance such as a business, car, or boat; trespassing on private property such as on owned or rented land or in a residence; and trespassing on school grounds. The consequences of a second-degree misdemeanor may include a jail sentence of up to 60 days.
If there is someone else present, the severity of the charge may be increased to a first-degree misdemeanor. In this case, the punishment for a trespassing conviction may be a jail sentence of up to one year. A Boca Raton trespassing defense lawyer could mitigate the penalties a person may face.
Trespassing as a Third-Degree Felony
If an individual is armed while entering the structure or conveyance or arms themselves while in the structure or conveyance, the offense may be upgraded to a third-degree felony.
Trespassing as a third-degree felony also may include actions such as entering a school without permission (regardless of whether or not the offender is armed), using a crossbow or gun to shoot at animals, or entering a construction site, agricultural research site, horticultural site, or domestic violence center. The consequence for a felonious trespassing conviction may include a prison sentence of up to five years.
Defenses Available to Individuals in Boca Raton
Trespassing often occurs as the result of a misunderstanding. Boca Raton trespassing defense attorneys can help build defenses that may be based on facts such as:
- The alleged victim failing to communicate to the alleged offender that they should leave the premises
- The alleged offender receiving an invitation to visit or remain on the premises that the alleged victim claimed to have revoked or never issued
- The alleged offender being on the premises against their will
- The alleged victim not having the authority to determine whether the alleged offender was allowed on the premises
There are many other possible defenses for trespassing charges in Florida, and a Boca Raton trespassing lawyer can work hard to comprehend the intricacies of each individual case to ascertain the best possible strategy.
Talking to a Boca Raton Trespassing Attorney
Facing a trespassing charge does not need to derail your life. If you were accused of criminal trespassing, contact a Boca Raton trespassing lawyer right away to start building your defense. The sooner you begin developing strategies and tactics to yield a positive outcome in your case, the better.
Our knowledgeable attorneys at Leifert & Leifert are ready to help you. Call to set up a free consultation with an attorney who can help you understand the charges you are facing and the options you may have.