Trespassing is considered to be a highly serious crime in North Port, FL., and often results in large penalties. Such penalties can include large fines, a length of time in probation or jail, and a criminal record that could carry life-changing consequences. Therefore, if you have been accused or charged with trespassing in North Port, it is strongly advised to seek the advice of a criminal defense lawyer.
At The Law Place, we pride ourselves on developing a positive attorney-client relationship that is based on trust. Our team of attorneys have over 75 years of experience between them and are highly skilled in dealing with trespassing cases like yours. Our phone lines are open 24/7, so we can be here to answer your call at any time of day. Call us today at (941) 444-4444 and receive a free consultation with a Florida defense lawyer.
What Is Trespassing?
As stated in Florida Statute 810.08, trespassing is defined as a person wilfully entering or remaining in a structure or conveyance without being invited or authorized to. In addition, when a person is asked to leave premises by the owner or lessee, and they refuse to do so, this is also considered to be a trespass offense.
In North Port, there are two specific types of trespassing; trespassing that is committed on a structure or conveyance and trespassing on a property that is not considered to be a structure or conveyance.
Trespassing in a Structure or Conveyance in North Port, Florida
Under Florida law, a structure can be defined as any type of building or enclosed space with a roof. A conveyance is any type of transportation, such as cars and boats. When a structure or conveyance is occupied or entered without the owner’s consent, or the occupier remains there longer than the owner has consented for, this is considered to be trespassing.
Penalties for trespassing of this kind are normally considered to be a second-degree misdemeanor and can result in up to 60 days behind bars or 6 months of probation and a $500 fine.
Trespassing on Property Other Than a Structure or Conveyance in North Port, Florida
Trespassing on a property other than a structure or conveyance is usually considered to be a first-degree misdemeanor. Penalties for this sort of offense can include up to a year in jail or on probation and up to $1000 in fines.
It is worthwhile knowing that in certain circumstances, your penalties may be elevated further. For example, if the trespasser was armed and another person was present at the scene of the trespass, then this charge could increase. Likewise, if you are found trespassing on a site that is larger than an acre in size and has clear signage to say trespassers are not allowed, the penalties will also increase. In both these scenarios, your charge could be elevated to a third-degree felony, which would result in an increase of jail time or probation to 5 years and leave you with a fine of up to $5000.
No matter the trespassing crime you have been accused of, at The Law Place, our trespassing lawyers are here to guide you through the legal process. Call our law firm today and receive a free consultation with a highly skilled attorney.
How Can a Criminal Record Impact Your Life?
In addition to the financial burden resulting from large fines and legal fees, receiving a criminal record can have life-changing consequences. These consequences may impact not only you but also the lives of your loved ones. These may include:
- Issues starting or continuing education.
- Issues in applying for types of finance such as loans and mortgages.
- Difficulty in finding employment. Certain job types will not accept candidates who hold a criminal record.
- Difficulty seeking certain licenses.
- Difficulty seeking visitation rights or child custody.
Possible Defences for Trespassing
Depending on the circumstances in which you are caught trespassing, a criminal defense lawyer may be able to develop a defense strategy. Such defenses could include:
- The accused trespasser believed they had consent.
- There had been a lack of communication to leave the property.
- There is a lack of proof of intent.
- There had been a withdrawal of the request to leave the property.
- The notice or signage was inadequate.
- There has been an implied invitation to enter or remain on the property.
The sooner you seek legal advice after you have been accused of trespassing, the better. At The Law Place, our criminal defense lawyers will investigate any evidence and will work to develop a strong defense that would hopefully drop the charges being brought against you.
What Is the Statute of Limitations for Trespassing in Florida?
The statute of limitations outlines the time limit for the amount of time that prosecutors have to file criminal charges against individuals that are accused of committing felonies or misdemeanors. According to Florida Statute 775.15, trespassing carries numerous time frames. These are:
- 1 year for a second-degree misdemeanor
- 2 years for a first-degree misdemeanor.
- 3 years for a third-degree felony.
These limitations mean that you cannot be arrested or charged for trespassing if the crime was committed outside of these time frames.
How Can a Criminal Defense Lawyer Help?
The Florida legal system is very complicated and not designed for individuals to fight against it alone. However, with a highly skilled attorney by your side, they will be able to work at developing a strong defense for your case, which may eliminate or reduce the penalties you are facing.
At The Law Place, we understand how frightening facing a possible conviction can be, which is why we pride ourselves on developing trusting attorney-client relationships. We understand how criminal charges can have life-changing effects. We will work to ensure your legal journey runs as smoothly as possible.
At The Law Place, the majority of our attorneys are AVVO rated 10.0, which is the highest possible rating. We also have an abundance of client reviews and testimonials from those that have previously been represented by us. In addition, we offer all our clients a free consultation so we can review your case. At this consultation, we will also offer some free, no-obligation advice on the best way to proceed, should you wish to do so.
Our phone lines are open 24 hours a day, 7 days a week, so we are here to support you whenever you need it. Call us today at (941) 444-4444, and speak to one of our experienced trespassing lawyers.