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Trespassing in an Occupied Structure in Florida

Everyone’s seen one before: a big black sign with bright red letters that reads “NO TRESPASSING.” Trespassing signs are posted on homes and businesses throughout the state of Florida. However, you can be charged for trespassing even if a property doesn’t have a sign. If you’ve been charged with trespassing and are unsure about what to do next, you can always turn to a trustworthy and experienced criminal lawyer for help.

What is Trespassing?

The definition of trespassing as outlined by Florida Statute 810.08, is:

“Whoever, without being authorized, licensed or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.”

In other words, trespassing is when anyone who is unauthorized enters or stays on a property without permission.

To be charged with trespassing, these factors must be evident:

You entered and stayed on the occupied property at-will
The property was/is in possession of the person pressing trespassing charges
There must have been a notice given or posted not to enter the property or a request to leave the property

Fortunately, the experienced lawyers at The Umansky Law Firm are knowledgeable when it comes to defense strategies for trespassing and, if given the opportunity, can build a credible defense for you.

Trespassing Defense Strategies

The key to any defense strategy for trespassing is permission. If you had permission or there was implied permission that you were allowed on the property, you cannot be charged with trespassing. These are a few of the most successful defense strategies for trespassing we have utilized:

Emergency Purposes: If you can prove that you entered a property to perform life-saving efforts because you thought someone else was in danger or you were in imminent danger, you cannot be charged with criminal trespassing.
Public Property: If it was implied or evident that the property is public property and you truly believed the property was for public use, you cannot be charged with trespassing. This defense is not effective if you were asked to leave the public property and did not obey.
Resident: If you own the property or are in possession of the property you cannot be charged with trespassing on it.

The appropriate defense strategy for your trespassing case is highly dependent on the circumstances surrounding your case. A good criminal defense lawyer can collect evidence surrounding your case to build a defense for you.

Penalties for Trespassing in Florida

In the state of Florida, trespassing in an occupied structure is considered a misdemeanor. If the structure is unoccupied at the time of trespassing, it’s considered a second-degree misdemeanor. If the structure is occupied, it’s considered a first-degree misdemeanor. Furthermore, if the trespasser is armed with a weapon at the time of trespassing, charges are raised to a felony.

Misdemeanor trespassing charges carry potential incarceration from 60 days to 1 year as well as fines of $500-$1,000. Felony trespassing charges carry potential incarceration of 5 years and fines up to $15,000.

If you make the effort to hire a competent attorney who is experienced in trespassing cases as soon as possible, it will be more likely that you’re able to mitigate the charges you face with their help.

Aggressive Trespassing Lawyers in Central Florida

The best time to get started on your trespassing case is today. If you’ve been charged with trespassing in Central Florida, the criminal defense lawyers at The Umansky Law Firm are here to assist you with your defense needs. Thanks to their 35+ years of experience defending residents of Florida, they are knowledgeable in a myriad of defense strategies and will work hard to build yours.

At The Umansky Law Firm, we believe everyone deserves a second chance. Contact us online or call us at 407-228-3838 today so we can help you get yours.