Trespassing is a criminal offense, and very common in Florida. It occurs when someone intentionally enters or remains on property without the consent of the owner. While the state protects child trespassers who don’t know any better, it punishes adult trespassers with potential jail time, fines, and criminal records.
Do not take a trespassing charge lightly and seek legal guidance if you are arrested for one. A criminal record follows you into the future, negatively impacting several aspects of your life. For competent help from a Clermont trespassing lawyer, contact The Umansky Law Firm now so our defense attorneys can resolve your problem.
Florida Statutes § 810.08 governs some elements of trespassing, which is divided into two types: trespass of a structure or conveyance, and trespass of property other than a structure or conveyance. A structure is a building, including private homes and businesses, while a conveyance is a vehicle, such as a car, truck, camper, or boat.
Florida law also addresses trespassing on property that is not a building or vehicle, governed by Florida Statutes § 810.09. These offenses involve entering land or outdoor areas owned by someone who did not give permission for the accused to be there.
The prosecutor must show the accused who trespassed on property received notice that the intrusion is unauthorized. Notice can be in the form of a verbal warning by the owner or law enforcement to leave the property, clearly posted ‘No Trespassing’ signs, or physical barriers around the property, such as fences with locked gates that restrict entry.
Florida regulates the type of signage that is an acceptable notice. The signs must clearly spell out “No Trespassing” and be placed in areas of the property the trespasser will easily see and understand. Consult a Clermont trespassing attorney who will use every advantage, such as improper signage, to build a strong defense for you.
Your attorney will study the facts surrounding your situation closely because extenuating circumstances must be proven in some situations, depending on whether you are charged with a misdemeanor or felony, and whether a trespassing charge is a lesser charge along with burglary, for instance. Your attorney will review and gather evidence to show whether:
Our Clermont lawyers know what to include in your defense against a trespassing charge.
If the charge is trespass to a structure or conveyance with no aggravating circumstances, legal penalties for this second-degree misdemeanor generally include up to 60 days in jail, fines and court costs, and up to six months on probation. If someone is present in the structure when you trespass, charges can be raised to a first-degree misdemeanor, with up to one year in jail. You can spend up to five years in prison for a third-degree felony if you trespass while carrying a firearm.
Trespassing on property is a first-degree misdemeanor punishable by up to a year in jail and up to a $1,000 fine. Armed trespass is a third-degree felony, and penalties are enhanced if the trespass occurs at a school or construction site. A Clermont trespassing attorney is your chance to begin building a brighter future.
Many people believe a trespassing charge will result in a slap on the wrist, but there are consequences that can follow after you pay the fines and do the jail time. You could spend years in prison for trespassing with a firearm, even if you are licensed for open carry in Florida. If you are charged with a crime, you have one chance to exonerate yourself or lessen the impact through negotiations or a solid defense. Make it the best chance with a Clermont trespassing lawyer from The Umansky Law Firm by your side
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