Allegations related to the offense of trespass may, upon first glance, appear to be considerably less serious than some of the other criminal charges making their way into local courtrooms. However, the fact is that depending on the circumstances at hand, being found guilty of such an act has the potential to negatively affect an individual’s life in a surprisingly profound way.
If you are among those accused of committing this type of transgression, a Ft. Lauderdale trespassing lawyer is ready and willing to advocate on your behalf. Contact an experienced defense attorney today to learn more about your options.
How Does the Law Define Trespassing?
Plainly stated by Fla. Stat. §810.08, the crime of trespassing occurs when an individual, without authorization, invitation or license, intentionally enters into a conveyance or structure or, alternatively, after having received license, authorization or invitation which is subsequently revoked, remains in that structure or conveyance.
In addition, as a Ft Lauderdale trespassing lawyer can explain, trespassing can be committed on property other than structures or conveyances by willfully entering or remaining thereon, as provided by Fla. Stat. §810.09.
What are the Consequences for Trespassing?
In many instances, Florida treats the offense of trespass as a misdemeanor in the second degree potentially bringing upwards of 60 days in jail. This is true if the accused has unlawfully entered or remained in a conveyance or structure.
It should be noted, however, that if the structure or conveyance or occupied by another individual at the time of entry, the offense is a first-degree misdemeanor, possibly yielding a one-year jail sentence.
There are situations, of course, in which trespass charges can become more serious, such as when an individual is accused of carrying a dangerous weapon including a firearm while entering or remaining in a structure, premises or other property without authorization.
As articulated by Fla. Stat. §810.08(2)(c) and Fla. Stat. §810.09(2)(c), in these circumstances, the accused party faces the possibility of a third-degree felony conviction and a prison term of up to five years making it extremely important that they consult with a Ft Lauderdale trespassing attorney as soon as possible.
Building a Defense Against Trespassing Charges
Those accused of trespass crimes in Florida must never bow their heads in defeat simply because charges have been lodged against them.
Every defendant is entitled to fight back against allegations of this nature, and there are often a number of useful techniques available to aid in that pursuit. Among the most effective of these are arguments related to:
- An implied invitation to visit or to remain on the premises in question
- A failure of the victim to communicate an order for the accused to depart the premises
- Whether the accused was actually present on the premises
- Whether there was a withdrawal of an earlier command to depart
- Existence of an express invitation to visit or remain on the premises
- Whether the accused party’s presence was in fact willful
- Whether property owner’s agent had proper authority to deny permission to enter or remain
Because the facts of each trespass case are always unique unto themselves, it is crucial to secure a full review by a seasoned Broward County trespassing lawyer who can identify and exploit any and all weaknesses in the prosecution’s case and work to obtain the best possible outcome.
Protect Your Rights by Calling a Ft. Lauderdale Trespassing Attorney
A criminal record of any sort is something everyone should seek to avoid, if at all possible, even if the offenses involved may initially seem relatively minor.
Considering the range of punishments almost certain to follow a conviction, it behooves every defendant to take prompt action.
If you find yourself formally charged with trespass, the time to marshal an aggressive defense with the help of a Ft. Lauderdale trespassing lawyer is now. Call today to get started