Lakeland Criminal Defense Law Firm Can Help You Avoid A Armed Trespassing Charge Prison Sentence
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!
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