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Trespass in a Conveyance in Florida

If accused of Trespass in a Conveyance in Florida, you need to know the:

Definition of Trespass in a Conveyance

The crime of Trespass in a Conveyance can be committed in one of two ways:

  1. Willfully entering or remaining in a conveyance without being authorized, licensed, or invited; or
  2. Refusing to exit a conveyance after being asked by an owner or authorized agent, even though you were originally authorized, licensed, or invited to enter.

A conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car. A bicycle is not a conveyance for trespassing purposes. [1]

Penalties for Trespass in a Conveyance

The crime of Trespass in a Conveyance is a Second Degree Misdemeanor in Florida, but can be enhanced to a First Degree Misdemeanor if the conveyance is occupied or a Third Degree Felony if the defendant is armed.

If convicted of Trespass in a Conveyance, a judge can impose any combination of the following penalties:

  • Up to sixty (60) days in jail.
  • Up to six (6) months of probation.
  • Up to $500 in fines.

Penalty Enhancements

In Florida, the penalties for Trespass in a Conveyance are enhanced if the conveyance was occupied or if the defendant was armed with a firearm or a dangerous weapon. These forms of Trespass in a Conveyance are referred to as:

Trespass in an Occupied Conveyance

The crime of Trespass in an Occupied Conveyance is a First Degree Misdemeanor in Florida.

A conveyance is considered occupied if the owners or other occupants happen to be present when the trespass occurs.

If convicted of Trespass of an Occupied Conveyance, a judge can impose any combination of the following penalties:

  • Up to twelve (12) months in jail.
  • Up to twelve (12) months of probation.
  • Up to $1,000 in fines.

Armed Trespass in a Conveyance

The crime of Armed Trespass in a Conveyance is a Third Degree Felony and is classified as a Level 3 Offense under Florida's Criminal Punishment Code.

A person is considered armed if they are in possession of a firearm or other dangerous weapon when the trespass occurs.

If convicted of Armed Trespass in a Conveyance, a judge can impose any combination of the following penalties:

  • Up to five (5) years in jail.
  • Up to five (5) years of probation.
  • Up to $5,000 in fines.

Defenses to Trespass in a Conveyance

In addition to the pretrial and trial defenses that can be raised in any criminal case, specific defenses to the crime of Trespass in a Conveyance include:

Lack of Intent

One of the elements necessary to support a conviction for Trespass in a Conveyance is the intent to unlawfully enter the conveyance.

Usually this is proven by showing that a person entered stealthily or knew the conveyance they were in was stolen. But if a person presents evidence they did not know the conveyance was stolen, a conviction for Trespass in a Conveyance will not stand because it cannot be considered to have been done willfully. [2]

Stale or Rescinded Warning

Where there is a conveyance that has multiple operators, such as a train or bus, a previous trespass warning cannot be the basis of a Trespass in a Conveyance charge if you are subsequently invited or allowed back in by a new operator or a person with greater authority.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Trespass in a Conveyance in Orlando or the Central Florida area, please contact Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

  1. A.M. v. State of Florida, 678 So. 2d 914 (Fla. 1st DCA 1996)
  2. R.M. v. State of Florida, 763 So.2d 1060 (Fla. 4th DCA 1999)