Armed Trespassing

Armed Trespassing Lawyer | Lakeland, Tampa, Lutz and surrounding areas

< strong >Avoid Charges or prison sentence by calling an experienced Armed Trespassing defense attorney today.
In general terms, a Trespass occurs whenever an individual willfully enters or remains on property without being authorized, licensed, or invited. Or, once on the property legally, the defendant is given notice to leave by an authorized person. Usually a trespass is a misdemeanor (click for more information on the 1st degree misdemeanor Trespass or 2nd degree misdemeanor Trespass).

However, if the individual becomes armed with either a firearm or dangerous weapon (before or while the trespass is allegedly occurring)it becomes a felony crime. This means that if the individual did not have a firearm or dangerous weapon when they first went onto the property, but pick up a firearm or are given a gun or dangerous weapon while on the property, the crime is elevated to a felony offense.

This crime often occurs when a citizen wants to go hunting or practice shooting in a wide-open area with not many people around so it is safe to practice firing a gun.

A 3rd degree felony is punishable by up to 5 years in Florida State Prison and a fine of up to $5,000.00.

It is a Level 3 criminal offense under Florida Criminal Offense Severity Ranking chart which amounts to 16 points on the Scoresheet Guidelines if it is Trespass on a Structure or Conveyance. It is a Level 4 criminal offense scoring 22 points under the Guidelines if the property is other than a structure or conveyance.

Being a convicted felon can have serious consequences for your employment, education, your civil rights, including your ability to vote and possess a firearm, and your future. Gun, firearm and weapon charges are considered very serious by prosecutors, judges, schools, and employers. If you are charged with Armed Trespassing, you must take it seriously.

There are many defenses to Armed Trespass including:

  • Willfulness – The trespass must be willful! Reasonable mistake is a defense! Courts measure willfulness by what the arrested person was thinking/intent proved by objective facts
  • Consent – If you were given permission to enter onto the property then you have a defense. Consent can come in many forms! (express, implied, constructive)
  • Necessity – the arrested person needed to use the property for a justifiable purpose
  • Notice – was the posting on the property legally sufficient under Florida law to put the individual on notice that they were trespassing?
  • Authorization – Was the person who gave the notice to leave authorized to do so and did that person or police officer have the authority to give the order to vacate under Florida criminal law?
  • Other defenses may be available depending on the specific facts of your case.

There are many different types of Trespass. Click below for more information on these types of crimes:

 

Each case is different and unique based upon the individual facts of your case. Do not let a criminal charge or criminal conviction affect your employment, education, or future. Call now to set up your free consultation so I can answer any questions you may have regarding your criminal case.

PROTECT YOUR RIGHTS…CALL AND SET YOUR FREE CONSULTATION WITH AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY IMMEDIATELY!

Lakeland, FL (863) 838-5549
Tampa, FL (813) 789-6404

Lakeland

(863) 688-4606

Tampa

(813) 789-6404

Lutz

(727) 457-8660

Testimonials

Thomas Grajek is a great lawyer

After my husbands DUI, I met with a couple of lawyers but NONE were as attentive as Thomas Grajek. Thomas was able to beat the DUI charge that I thought would be impossible. Not only did he save us money, he also helped put our lives back. I would recommend Mr. Grajek to anyone in our situation. Thsnkd Tom!!!

Thomas Grajek is a great lawyer

Excellent Attorney....called this attorney on a Saturday. He was quick to call me back and even gave me free advice as to how to handle the situation we were in. We ended up hiring him best decision we made. Would recommend this attorney to anyone.

Thomas Grajek is a great lawyer

Got a DUI a few months ago and got Toms name from a friend of mine.. I am more then satisfied with the way he handled my case and the way he kept me informed the whole time.. I got off on reckless with a with hold which i am more then happy to have on my record then a dui... He's a very down to earth guy and definitely trys to relate to where ur comin from.. I would with no doubt recommend Tom to friends and family... Thanks Tom ur the best!!!!!!

Thomas Grajek is a great lawyer

Great DUI Lawyer!! He got my DUI dropped to a reckless driving charge!! definitely went above and beyond for my case!!!He is very easily accessible and always promptly returned my phone calls/emails.

Thomas Grajek is a great lawyer

I have just moved to the Tampa area. I was intoduced to Tom after being arrested for a DUI. Within minutes of being bonded out Tom came to my place of employment with all needed documents to "get the ball rolling". He always kept me informed on my case and when the time came for my hearing, I plead guilty to wreckless and had no fines and very little commuity service. Thomas Grajek is a great attorney and I feel he would be a valuable assett in anyone's defense.