If you are on someone’s property without the owner’s permission, you may be charged with  trespassing. Trespassing charges in Florida can lead to jail time, fines, and probation. Your best chance at avoiding a criminal record is to contact an experienced and aggressive criminal defense attorney. Prosecutors can apply trespassing charges in many situations, and the consequences can be very serious. Depending on the circumstances, prosecutors may  charge you with a misdemeanor or a felony. If you are facing trespassing charges in Florida,  call 407-644-2466 and talk to an Orlando trespassing defense lawyer at the Rivas Law Firm.  

What are the trespassing laws in Florida? 

There are two basic types of trespassing charges in Florida; on property and in a building. Unlike many other crimes, police do not have to prove intent to charge  someone with trespassing. Your presence on someone’s property or in a building or vehicle  without authorization is enough. 

Generally, the laws are to protect property and maintain a peaceful environment for  government and business. Retail stores commonly use trespassing statutes to keep  perceived troublemakers from disrupting commerce. Convenience stores, for example, post  “No Trespassing” signs which give police authority to order undesirable people off the  premises. Bars and nightclubs use the law to enforce bans on disorderly customers. The  statutes outlaw trespassing at particular places like airports and construction sites, and there  is a specific law for trespassing at schools. 

Recently, the government has started using charges of trespassing to discourage certain  actions or behavior. For instance, you can face federal trespassing charges for political  activities.  

Can you go to jail for trespassing in Florida? 

Depending on whether the offense was a misdemeanor or a felony, penalties for trespassing  can range from up to 60 days in jail to up to five years in prison plus fines and probation.  

Florida Statute 810.09, “Trespass on property other than structure or conveyance,” is a first degree misdemeanor. It is punishable by up to a year in jail and a fine of up to $1,000. The  charge can be elevated to a felony if the crime involved weapons or if it took place in areas  with special designations, such as a construction site, agricultural zone, or airport. 

Florida Statute 810.08, “Trespass in structure or conveyance,” is a second-degree  misdemeanor. It is punishable by up to 60 days in jail and a fine of up to $500. A “structure”  generally means any kind of building, and a “conveyance” means a boat or a vehicle of any  kind. The penalties can increase if the structure or conveyance is occupied or if there are  weapons involved. 

Defense against Trespassing Charges in Florida. 

There are many ways that an experienced and aggressive criminal defense lawyer can help  you fight these charges. A prosecutor must be able to prove several elements of the alleged  incident. For example, that you entered or remained on the property or in the building “without

authorization, license, or invitation.”  

The law states that permission “may be implied from the circumstances. It is lawful to enter  or remain if, under all the circumstances, a reasonable person would believe that [he] [she]  had the permission of the owner or occupant.”  

Other challenges may include whether proper notice was posted on the property, or whether  the police had the express permission of the property owner to issue a trespass warning.  Trespassing is one of the charges in which prosecutors have a lot of discretion. If the  prosecutor knows he is up against a skilled defense attorney who knows the law and is  determined to fight, it’s possible that the charges can be reduced or even dismissed. If you’ve  been charged with a crime, call 407-644-2466 to talk with the Orlando criminal defense  lawyers at the Rivas Law Firm.


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