Penalties for a trespassing offense are often underestimated. In Palm Beach Gardens, a trespassing offense is considered a serious charge that may incur harsh legal consequences. Furthermore, trespassing charges can often become hard to understand and the Court system can become even more complex.
In many cases, a skilled Palm Beach Gardens trespassing defense lawyer could help someone charged with this offense examine their case and possibly identify different legal strategies that may build a credible defense, perhaps resulting in a dismissal of your case. Our criminal attorneys at Leifert & Leifert could review the circumstances and facts of your case and help find an effective legal strategy to get the best result possible for you.
Understanding a Trespassing Charge in Palm Beach Gardens
Generally, it is unlawful to enter or occupy another person’s property without consent and refuse to leave upon the owner’s request. This could lead to an arrest and a trespassing charge under Florida Statutes §810.08.
In the State of Florida, a trespassing offense could be charged as a Misdemeanor or a Felony, depending on the circumstances surrounding the incident. Someone who deliberately enters or remains in any structure or conveyance without being invited, licensed, or authorized after being told by the owner to leave could wind up facing a Second-Degree Misdemeanor. Trespassing when another person is present on the property may result in the more severe charge of First-Degree Misdemeanor.
A Third-Degree Felony charge is commonly levied when a firearm or weapon is present during an alleged trespass incident. Penalties for Felony-level trespassing generally increase significantly compared to Misdemeanor trespassing, so in these cases, it may be particularly important to call upon a Palm Beach Gardens trespassing defense attorney for legal assistance and advice.
Potential Penalties for a Trespassing Charge
The legal consequences for a Second-Degree Misdemeanor trespass offense in Palm Beach Gardens may include 60 days in jail and a potential fine of $500. Typically, a First-Degree Misdemeanor trespass offense may incur a penalty of a $1,000 fine along with up to one year in prison.
Conversely, a Third-Degree Felony conviction often carries a much more severe penalty than the previous charges mentioned. In most cases, a Third-Degree Felony charge for trespassing incurs a penalty of up to five years incarceration and potentially a fine of $5,000 upon conviction.
Defending Against Trespassing Charges
In some cases, the owner of the property upon which someone allegedly trespassed may not have given that alleged trespasser a notice to leave the vicinity. This could serve as a credible defense against a trespass charge. In other situations, a person may have received express or implied consent from the owner to enter the property or conveyance.
Generally, it is important to review all the facts surrounding a case, since missed details could negatively impact one’s defense and potentially limit their legal options unnecessarily. A qualified Palm Beach Gardens trespassing defense lawyer at Leifert & Leifert could help you review every aspect of your case and ensure your defense is as strong as possible.
Talk to Palm Beach Gardens Trespassing Attorney
Understanding the different aspects of a criminal case is often difficult without a legal background, so someone who is unfamiliar with the law and the people who enforce them may be quite confused when attempting to represent themselves in Court. Obtaining the counsel of an experienced Palm Beach Gardens trespassing defense lawyer could significantly improve your results when facing the Court system.
Avoid facing stressful situations alone in Court. Schedule an appointment with Leifert & Leifert today so our experienced attorneys could examine your case, potentially provide legal representation, get your case dismissed, and perhaps even avoid you having to go to Court.