Florida criminal trespass violations should always be taken seriously. Convictions often include spending time in prison, paying fines, being subject to probation, and a criminal record which can affect the rest of your life when it comes to renting an apartment, getting a job, and receiving government or financial aid.
Contact a Boynton Beach trespassing lawyer if you are facing criminal trespass charges. After discussing the charges against you, your skilled criminal defense attorney could determine whether it is possible to have your charges reduced.
Every situation is different, but it is important to understand all the legal defenses and options available to you.
Two Types of Criminal Trespass
Under Florida Statute Sec 810.08, et seq, someone is guilty of criminal trespass when they willfully enter into (or remain on) a property without the express or implied permission of the owner. Florida recognizes two specific types of criminal trespass, 1) criminal trespass in a structure or conveyance, and 2) criminal trespass on property other than a structure or conveyance.
Criminal Trespass in a Structure or Conveyance
This occurs when someone willfully enters or remains in any structure (such as a building or dwelling) or conveyance without being authorized. It can also occur when someone had authorization but was later told to leave and did not.
Trespass in a structure or conveyance is a second-degree misdemeanor which can result in spending up to 60 days in jail. It can be elevated to a first-degree misdemeanor when someone else is present during the trespass (which can result in spending up to one year in prison) or to a third-degree felony when a trespasser is armed with a firearm or dangerous weapon (which can result in spending up to five years in prison).
Criminal Trespass on Property Other Than a Structure or Conveyance
This occurs when someone willfully enters (or remains in) any property other than a structure or conveyance without being authorized, licensed, or invited. Trespass on property other than a structure or conveyance is a first-degree misdemeanor which can result in spending up to one year in prison. It can be elevated to a third-degree felony when a trespasser is armed with a firearm or dangerous weapon (which can result in spending up to five years in prison).
What the Prosecution Must Prove
The prosecution in a Florida criminal trespass case must prove that the person knew they were trespassing, which is often a key legal defense as well. Other legal defenses include not being told to leave a property, lack of intent, lack of notice, express or implied invitations to enter or remain on a property, or withdrawing a request to leave.
Courts will look at the facts and circumstances surrounding the situation and determine what a reasonable person would have thought in the situation. An experienced Boynton Beach trespassing lawyer can determine whether someone was trespassing on a property and what legal defenses apply.
Consult with a Boynton Beach Trespassing Attorney Today
Florida criminal trespassing convictions can have serious consequences. Do not go it alone; contact a Boynton Beach trespassing lawyer to come up with a viable defense and plan that works for you. Consultations are free and without further obligation. Call us today to find out how we can help.
