Trespassing occurs when one person enters another person’s property without permission. Depending on the circumstances, this offense may be treated as a criminal offense. If convicted, you may face expensive fines and possible time in jail.
If you are concerned about a potential trespassing accusation, speak with a Hollywood trespassing lawyer. One of our knowledgeable criminal attorneys at Leifert & Leifert could inform you about your rights as well as assist you with crafting a thorough defense.
What is Considered Criminal Trespass in Hollywood?
Florida Statutes §810.08 prohibits a person from entering and staying on another person’s property intentionally without the owner’s permission. The owner may grant permission explicitly by inviting the person onto their property or implicitly through a general invitation to the public—for example, by opening a retail store to members of the public.
If a person had permission to be on someone’s property but then the owner asked the person to leave, that person would then be trespassing if they continued to stay on the property. A Hollywood trespassing attorney could help with an accusation of trespassing on private land, inside a building or vehicle, or on school or government property.
Trespassing on a Structure
A person may not enter another person’s structure or conveyance without permission, or against the owner’s expressly stated prohibition. Simple trespass in a building or a vehicle may be charged as a second-degree Misdemeanor, the punishment for which may include up to 60 days in jail and a fine of up to $500.
Trespass in an Occupied Building
If a person trespasses onto or inside an occupied building or conveyance, the offense may be charged as a first-degree Misdemeanor. The Court may punish a trespasser charged with this particular offense with up to one year in jail and a fine of up to $1,000. If other people are inside the property at the time the unlawful entering occurs, the punishment may be increased even further.
What are the Penalties for Armed Trespass in a Structure?
It may be considered to be a third-degree Felony to trespass while armed with a dangerous weapon. A person may not carry a gun or other weapon onto another person’s property or pick up a gun once inside the property. The potential punishment for armed trespass is up to five years in prison and up to $5,000 in fines.
If the trespasser is armed, the owner may detain that person for a reasonable amount of time in a reasonable matter. The owner must also call the Police soon after holding the suspected trespasser.
As long the owner detains the suspect reasonably, the suspect cannot sue the owner for false imprisonment. A trespassing lawyer in Hollywood could provide further clarification on how state law and Law Enforcement Officers in Florida address this particular offense.
Seek Assistance from a Hollywood Trespassing Attorney
If you are worried about the police arresting you for trespass or have already been accused of this crime, you may need assistance from one of our aggressive and experienced defense attorneys at Leifert & Leifert. A Felony conviction appearing on your permanent record can have serious long-term consequences, so reach out to a Hollywood trespassing lawyer to learn more about the laws which may apply to your situation and how the legal process works.
