Trespass on Property in Florida
If accused of Trespass on Property in Florida, you need to know the:
- Definition of Trespass on Property
- Penalties for Trespass on Property
- Defenses to Trespass on Property
Definition of Trespass on Property
The crime of Trespass on Property can be committed in one of two ways:
- Willfully entering or remaining on any property other than a structure or conveyance without being authorized, licensed, or invited when notice against entering or remaining is given, either by actual communication or by posting, fencing, or cultivation.
- Willfully entering or remaining on the unenclosed curtilage of a dwelling with the intent to commit a crime thereon, without authorization, license, or invitation.
Unenclosed curtilage is defined as the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with the dwelling.
Penalties for Trespass on Property
The crime of Trespass on Property is a First Degree Misdemeanor in Florida, but can be enhanced to a Third Degree Felony if the trespass occurs under certain circumstances.
If convicted of Trespass on Property, 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
Trespass on Property is enhanced to a Third Degree Felony if:
- The accused is armed with a firearm or other dangerous weapon;
- The accused hunts an endangered, fur bearing, or game animal;
- The area is a posted construction site;
- The area is a posted agricultural site for testing or research purposes;
- The area is a posted domestic violence center; or
- The area is a posted agricultural chemicals manufacturing facility.
The crime of Third Degree Felony Trespass on Property is classified as a Level 3 Offense under Florida's Criminal Punishment Code.
If convicted of Third Degree Felony Trespass on Property, 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 addition to the pretrial and trial defenses that can be raised in any criminal case, specific defenses to the crime of Trespass include:
Improper Posting
If the Trespass on Property charge is based on the posting of "No Trespassing" signs, the signs must conform to the specific posting requirements of Florida Statute 810.011 or the land is not properly posted and a conviction for Trespass on Property will not survive. [1]
Stale or Overridden Warning
Where there is property that has multiple owners, a previous trespass warning cannot be the basis of a Trespass on Property charge if you are subsequently invited or allowed back on by a different owner or a person with greater authority.
Lack of Intent
One of the elements necessary to support a conviction for Trespass on Property is the intent to unlawfully trespass on the property. Usually this is proven by showing that a person entered stealthily.
But if a person can show they thought entry onto the property was permissible, a conviction for Trespass on Property will not stand because the trespass cannot be considered to have been done willfully.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Trespass on Property in Orlando or the Central Florida area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.