If you’ve been arrested for trespassing in Florida, you need to know what to do next to defend yourself or minimize the penalties.
We regularly get calls from people who have unknowingly trespassed and also deal with clients who need aggressive defense for a one-time mistake.
Regardless of the circumstances, here is what you should do if arrested for trespassing in Florida:
What Is Trespassing in Florida?
Florida Statute 810 defines Trespassing as when someone:
- Willfully enters or remains in a structure or property without authorization, license or invitation; or
- Remains on the property after being warned to leave by the owner, lessee or authorized person.
The severity of the crime varies, depending on the circumstances of your arrest, such as whether you were armed or if there was someone else at the location.
Arrested for Trespassing – What Should I Do?
Contact a Florida Trespassing Attorney
The penalties for trespassing can have a big impact on your life. The existence of a criminal record can haunt you for decades.
The wisest thing you can do at this point is to contact a Florida trespassing attorney. As criminal defense attorneys specializing in this crime, they will be able to use their legal expertise to defend you from the potential penalties.
Our Florida trespassing attorneys have years of successful experience and know-how to prove these charges should be dropped or treated with less severity. We also have a very strong and respected standing in the local legal community, which can go a long way in winning leniency from judges.
What if My Child Has Been Arrested for Trespassing in Florida?
Juveniles are among the most common trespassers in Florida, with friends exploring abandoned buildings, exploring private areas and visiting schools after dark. They may have even thought entry to the property was authorized.
While being involved in these activities is illegal and dangerous, it’s far from uncommon. Hiring a Florida trespassing attorney is critical to prevent your child from going to adult court and giving them the chance to protect their future with a sealed or expunged criminal record.
If your child has been caught up in a trespassing incident, don’t leave their future to be decided by the state. Please contact our criminal defense attorneys immediately.
Defending a Trespassing Arrest in Florida
Not everyone is arrested for trespassing in Florida with criminal intent. Our Florida trespassing attorneys will fight aggressively on your behalf if you have a defense such as:
You Had Consent to Visit the Property
If you have evidence of consent, you have a very strong possible defense. Sometimes people are given consent to visit a location but without all the relevant people knowing.
For example, if you were given written permission to visit a school but the staff there were unaware, then you could be accused of trespassing – when in reality, you were authorized to be there.
The Location Was Open to the Public
If a location is ‘open to the public’, you have the right to be there regardless of the intentions.
You have the right to remain inside this property unless the State can prove that the consent was withdrawn.
Lack of Proper Warning Signs
Sometimes people are arrested for walking on land or in areas where they had no idea it was private. If this happens it may be due to a lack of proper or clear to see warning signs.
You Had a Need to Enter the Property
There may also be occasions where you had a necessity to enter the property and had no intent to commit a crime. For example, if your child runs off and into a private area then you would want to protect them by following after them.
Other Defenses Include:
- Lack of evidence of the arrested person’s presence.
- You were given no warning to leave the premises.
- Your entry on the property was not wilful.
- You were given conflicting notice.
Penalties for Trespassing in Florida
The penalties for trespassing in Florida vary depending on which type of trespass you are charged with:
Trespass on Property
Trespassing on property in Florida is a first-degree misdemeanor.
A conviction can result in the following penalties:
- Up to 60 days in jail.
- Up to 6 months of probation.
- Up to $500 in fines.
However, the charge is upgraded to a third-degree felony if:
- You were armed with a firearm or dangerous weapon;
- You hunted an endangered, fur-bearing or game animal;
- The location was a posted construction site;
- The location was a posted agricultural testing or research site;
- The location was a domestic violence center;;
- The location was a posted agricultural chemical manufacturing facility
This felony crime can result in:
- Up to 5 years in jail.
- Up to 5 years of probation.
- Up to $5,000 in fines.
Trespass on School Grounds
Trespassing on school grounds occurs when someone does not have legitimate business, authorization, license or invitation on the school property or is a suspended or expelled student.
If you’ve been arrested for trespassing in Florida on school grounds, then it is a second-degree misdemeanor with the possible penalties of:
- Up to 60 days in jail.
- Up to 6 months of probation.
- Up to $500 in fines.
If you were armed, the crime becomes a third-degree felony and the following possible penalties:
- Up to 5 years in jail.
- Up to 5 years of probation.
- Up to $5,000 in fines.
Trespass in a Structure
If you’re arrested for trespassing in Florida in a building of any kind which has a roof over it, you may be charged with a second-degree misdemeanor with the following possible penalties:
- Up to 60 days in jail.
- Up to 6 months of probation.
- Up to $500 in fines.
If the trespass occurred when the structured was occupied, the crime is enhanced to a first-degree felony with penalties of:
- Up to 12 months in jail.
- Up to 12 months of probation.
- Up to $1,000 in fines.
If armed, the crime becomes a third-degree felony with the following penalties:
- Up to 5 years in jail.
- Up to 5 years of probation.
- Up to $5,000 in fines.
Trespass in Conveyance
If you’re arrested for trespassing in Florida in a motor vehicle, vessel, ship, train or aircraft, then it is a second-degree misdemeanor with the following penalties:
- Up to 60 days in jail.
- Up to 6 months of probation.
- Up to $500 in fines.
If the conveyance was occupied, it becomes a first-degree misdemeanor with:
- Up to 12 months in jail.
- Up to 12 months of probation.
- Up to $1,000 in fines.
If armed, the crime becomes a third-degree felony with the following penalties:
- Up to 5 years in jail.
- Up to 5 years of probation.
- Up to $5,000 in fines.
Contact a Florida Trespassing Attorney
If you or your child have been arrested for trespassing in Florida, our Florida trespassing attorneys can help. By fighting aggressively on your behalf, we can work to drop the charges or minimize the penalties to keep your future clean.
Free Consultations
Sean McQuaid is a top-rated criminal defense attorney in Pinellas County. He has handled countless Florida domestic violence charges in his career. He is the president at Battaglia, Ross, Dicus & McQuaid, P.A., one of Tampa Bay’s most prestigious law firms with the reputation and connections to make things happen.
With decades of experience helping people like you, we believe there is no better place to help you fight a trespassing arrest in Florida.
Contact us today for a free consultation to get started or CALL (727) 381-2300