Trespass occurs whenever an individual willfully enters or remains in a structure or conveyance without being authorized, licensed, or invited. If an individual is legally on the property, a trespass occurs when the owner or someone authorized by the owner is warned to depart and the individual refuses to leave the premises. Florida Statute 810.08.
A “conveyance” is a motor vehicle, ship, vessel, railroad car, or aircraft. To “enter a conveyance” includes taking apart any portion of the conveyance.
There are many defenses to Trespass on a Structure or Conveyance 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.
Trespass of a Structure or Conveyance is a misdemeanor of the second degree under Florida law. This means that an individual arrested for this criminal offense faces up to 60 days in the county jail and a fine of up to $500.00.
Trespass can be also be a felony or a more serious first degree misdemeanor. Click below for more information on these types of crimes:
- Armed Trespass
- Trespass on a Construction Site
- Trespass of a Dwelling (house or home)
- Trespass on School Grounds
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.
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