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Trespassing Charges in Florida: Penalties and Working with a Criminal Defense Attorney

Trespassing Charges in Florida: Penalties and Working with a Criminal Defense Attorney

Getting charged with trespassing in Florida can be scary. You may be wondering what happens next and what the consequences could be. This article will walk you through trespassing laws in Florida, penalties you may face, and why working with an experienced criminal defense attorney is so important.

What is Trespassing in Florida?

Trespassing refers to entering or remaining on someone else’s property without permission or legal right to be there. Florida has laws against criminal trespass that make it a crime to knowingly enter or stay on private property without authorization.There are a few different trespassing crimes in Florida:

• Trespass on property: Entering or remaining on property that is fenced or otherwise enclosed in a way that indicates others are not welcome, or that has clear “No Trespassing” signs. This is a first-degree misdemeanor.
• Trespass in structure or conveyance: Going into someone’s home, business, or vehicle without permission. This can be a first or second-degree misdemeanor depending on the circumstances.
• Trespass on construction site: Entering a construction site that is clearly marked as no trespassing. This is a first-degree misdemeanor.
• Trespass on school grounds: Going onto school property without permission or reason to be there. This is a second-degree misdemeanor, or a first-degree misdemeanor if you stay after being told to leave.

The exact charge depends on where the alleged trespass took place and the situation. But in all cases, trespassing requires knowingly going onto property without consent of the owner. It’s not enough to just make a mistake or not see a “No Trespassing” sign. The state has to prove you willfully trespassed.

Penalties for Trespassing Convictions in Florida

Like other misdemeanors, trespassing charges have maximum penalties set by Florida statutes. The potential punishments depend on whether it is a first or second-degree misdemeanor:

• First-degree misdemeanor trespass – Up to 1 year in jail and/or fines up to $1,000
• Second-degree misdemeanor trespass – Up to 60 days in jail and/or fines up to $500

If a weapon is involved, trespassing charges can be enhanced to a third-degree felony with up to 5 years in prison and $5,000 fines.In reality, first-time trespassing is unlikely to result in jail time unless there are other factors. But these charges still carry heavy consequences like:

• Probation
• Community service
• Permanent criminal record
• Loss of civil rights like voting and gun ownership
• Difficulty finding a job or renting an apartment
• Potential deportation for non-citizens

Even a misdemeanor conviction can follow you for life. That’s why it’s so important to take these charges seriously and fight back. An experienced criminal defense attorney can argue to get the charges reduced or dismissed.

The Legal Process for Trespassing Charges in Florida

Once arrested for trespassing, here is the basic legal process in Florida:

1. Booking and bail – You will be photographed, fingerprinted and held until bail is posted. Bail amounts vary.
2. First appearance – This hearing is typically within 24 hours of arrest. You will be formally charged and can enter a plea. The judge sets bail if you haven’t posted it already.
3. Arraignment – At your arraignment a few weeks later, you formally enter a plea again. This starts the clock for prosecutors to share evidence.
4. Pretrial conferences – Your lawyer can meet with the prosecutor to negotiate a plea deal or dismissal pretrial.
5. Motions – Your attorney can file motions to suppress evidence or dismiss the charges if your rights were violated.
6. Trial – If no plea is reached, your trespassing charges would go to a bench trial before a judge or jury trial. The prosecution has to prove guilt beyond a reasonable doubt.
7. Sentencing – If convicted at trial, the judge will impose Here is a 3000 word article on trespassing charges in Florida:

Trespassing Charges in Florida: Penalties and Working with a Criminal Defense Attorney

Getting charged with trespassing in Florida can be scary. You may be wondering what happens next and what the consequences could be. This article will walk you through trespassing laws in Florida, penalties you may face, and why working with an experienced criminal defense attorney is so important.

What is Trespassing in Florida?

Trespassing refers to entering or remaining on someone else’s property without permission. Florida has laws against criminal trespass to protect people’s private property rights.There are a few different trespassing crimes in Florida:

• Trespass on property: Entering or remaining on property that is fenced or otherwise enclosed in a way that indicates people aren’t supposed to be there. This includes property with “no trespassing” signs.
• Trespass in a structure: Going into a building or other structure, like a home, business, or school, without permission.
• Trespass in a conveyance: Entering or staying in a vehicle, like a car, boat, or plane, without permission.
• Trespass on construction sites: Entering any kind of property that is under construction without authorization.

To be charged with trespass in Florida, the property owner or authorized person must have warned you to leave before you can get in trouble. So if a police officer asks you to leave private property, you need to go or you could face charges.

Trespassing Penalties in Florida

Trespassing charges in Florida range from second-degree misdemeanors to third-degree felonies, depending on the circumstances. Here are the possible criminal penalties:

Misdemeanor Trespassing

• Second-degree misdemeanor – Up to 60 days in jail and/or fines up to $500
• First-degree misdemeanor – Up to one year in jail and/or fines up to $1,000

Misdemeanor trespass charges are more common when no harm was done to property or people.

Felony Trespassing

• Third-degree felony – Up to five years in prison and/or fines up to $5,000

Felony trespass charges can happen if you were armed while trespassing or have past trespassing convictions.Trespassing at airports, seaports, or secure government installations can also lead to third-degree felony charges.In addition to jail time and fines, a trespassing conviction can bring probation, community service, and having a permanent criminal record.