Armed Trespassing

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Thomas By Thomas C. Grajek

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

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”

— Thomas C. Grajek

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

FAQ

If you have been arrested or charged with a trespassing crime in Lakeland, we’re here to help you. Call our Lakeland Office at (863) 688-4606. It is located at 112 E Poinsettia St Lakeland, FL 33803.

Firearms are prohibited from being carried in federal facilities. That constitutes as possessing or attempting to possess a firearm in a building owned or leased by the federal government.

Armed trespassing can be charged as a Third Degree felony with a conviction of up to five years imprisonment.

Armed trespassing is where a defendant carries a firearm or another fatal weapon whilst criminally trespassing.

To determine a valid case for trespassing in a building or other type of property under Florida law, members of the court must prove that the defendant had willingly and intentionally entered a structure and/or remained inside this building, had been permitted to enter the premises of this structure, had warned the defendant to leave the premises, and had refused to leave the structure after receiving the warning from the owner. Therefore, you will only be chared with a crime of trespassing if you wander onto a property that is not designated as a structure or a building of any sort that is marked with a “no trespassing” sign and/or fenced.

According to a Florida Statute, a person has the right to use or threaten to use force, except deadly force, against another person in order to prevent them from trespassing. You can use force to remove a trespasser, but you can’t use a gun to make a move.

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