If you have been accused and charged with trespassing in the State of Florida, then you are going to need the skills of a Sarasota criminal defense lawyer to help you fight the charges. Trespassing can be perceived as a very serious crime, which most likely will result in hefty fines, jail time, and a probation period. You will also receive a permanent criminal record that will affect your job, future employment opportunities, insurance premiums, and more.
According to Florida Statute 810.09, if your charge has been defined as ‘trespass on property other than a structure or conveyance,’ then this implies that you are being accused of physically entering or remaining on a property that is not under your ownership. In addition, you likely would have been handed a notice to say that you were not allowed to be on the property by the owner or another person authorized by the owner. It could be that the land you trespassed was enclosed by a fence or by cultivated land (land cleared of natural vegetation, planted with a crop, grove, pasture, or trees), or by a warning signpost which clearly stated that you are not allowed to be on the premises.
If you trespassed on private property, like an industrial park or a school ground, then your access could be limited during certain times. If you trespassed on private commercial property, like an amusement park or a golf course, then your access will be generally limited to the business hours that the property is open to the public. For example, it would be completely legal for you to stand on a golf course during the business hours that the place is open. However, if you were caught on the property at a time like 3:00 a.m., then this could be perceived as trespassing. It is important to note that when you enter private property with a lack of implied consent from the owner or a lack of benefit of express, then this could be considered an act of trespassing at any time.
If you have been accused of trespassing, then you might be feeling the pressure of the situation. You may not know where to turn. We highly recommend that you speak to a skilled criminal defense lawyer in Sarasota, who can explain the process to you and defend your rights in front of the court. With over seventy-five years of combined and collective experience, The Law Place has built a strong team of criminal defense lawyers who all have a wealth of knowledge when it comes to handling cases, including being accused of trespassing.
Our law firm highly values a trusting attorney-client relationship that is based on honesty. We have the necessary skills and experience to help you in the courtroom, in front of the judge and jury, by developing a defense strategy that will minimize the charges and consequences you are most likely facing. Don’t hesitate to call The Law Place now to receive legal advice. Contact us on (941) 444-4444 for a free consultation, where we will evaluate your case, discuss your available options, and the legal defense strategies that we could take.
How Does Florida Define Criminal Trespass?
Criminal trespass is defined as the deliberate and wilful entry into (or remaining on) a property without the expressed or implied permission of the property owner, as outlined in Florida Statute 810.08.
There are two specific types of criminal trespass that are recognized by Sarasota and the State of Florida. Your charge will either be written as trespass in a structure or conveyance or trespass on property other than a structure or conveyance.
Trespass in a Structure or Conveyance in Sarasota, FL.
When a person intentionally and willfully enters or remains in a structure or conveyance (like a building or a dwelling) without official authorization, then this is recognized as trespass in a structure or conveyance in Sarasota. Furthermore, criminal trespass of this nature also applies when a person was originally authorized or given a license to be on the property but was later told to leave and instead chose to remain on the property anyway.
Trespassing in a structure or conveyance is typically considered to be a second-degree misdemeanor. The penalties tend to include spending up to sixty days in jail. However, if the trespasser is armed with a gun or another dangerous weapon on the property, and someone else is present during the trespass, then the case can be quickly elevated to a first-degree misdemeanor or even a third-degree felony. The penalties include facing up to five years in prison.
Trespass on Property Other Than a Structure or Conveyance in Sarasota, FL.
When a person intentionally and willfully enters or remains on a property other than a structure or conveyance without official authorization, license, or invitation, then this is classed as trespassing on a property other than a structure or conveyance in Sarasota.
Trespassing on a property other than a structure or conveyance is typically considered to be a first-degree misdemeanor. The penalties include spending up to one year in jail. However, if the trespasser is armed with a gun or another dangerous weapon, then the case can quickly be escalated to a third-degree felony. The penalties include facing up to five years in prison.
How Must the Prosecution Prove Trespassing in Sarasota, FL?
In order to be convicted of a trespassing offense, the prosecution has to prove that the trespass was intentional and willful. For lack of a better word, they must prove that the trespasser knew that they were trespassing, and therefore, committing a crime.
In certain circumstances, a trespasser may have thought or believed that they had consent or an implied invitation to remain on the property, or they were not specifically told to leave. The court will look at all the facts and details surrounding the case to determine if there was a reasonable explanation for the situation.
The Law Place specializes in dealing with trespassing cases, and we can help you to build a strong defense to take into the courtroom. A skilled criminal defense lawyer from our firm could use the following possible legal defenses to fight a trespassing charge in Sarasota, such as:
- A lack of proof of intent.
- An improper notice or a lack of notice.
- No communication or specific order to leave the property.
- An expressed or implied invitation to enter or remain on the property.
- Withdrawal of the request to leave the property.
An experienced lawyer from The Law Place will be able to investigate. They will gather the facts together and find out the truth about the incident. This will help determine if the case will be classed as a first-degree misdemeanor, a second-degree misdemeanor, or even a third-degree felony. Rest assured, a criminal defense attorney will defend your rights and figure out a legal defense for your specific case in Sarasota.
Take Your Charges of Trespass Seriously
If you have been charged with criminal trespass on a property other than a structure or conveyance in the State of Florida, then don’t make the mistake of assuming that it’s not a big deal and that you can simply forget about it. It is essential that you take your case seriously and admit responsibility for your actions. This will especially help to make you look good in front of the judge and jury.
Furthermore, it is important that you hire the services of a professional lawyer from The Law Place to offer you some quality legal advice and guide you through the law system. This will be incredibly valuable for your criminal trespass case, as a skilled lawyer will be able to build a strong defense to fight your charges and possibly avoid conviction.
However, if you do not hire a Florida criminal trespass attorney, you will likely be convicted for a misdemeanor offense, which will appear on your criminal record. Furthermore, it will mean that whenever you apply for a job or attempt to rent or buy a home, your criminal record will be accessible. It could possibly prevent you from getting a job that you might be perfectly qualified for, or from obtaining a loan, or even a driver’s license. These are the consequences you could face if you do not hire a professional Florida criminal trespass attorney to fight your case and minimize the consequences.
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Penalties Associated With Trespass on Property in Sarasota, FL.
The penalties for a first-degree misdemeanor include a jail sentence of up to one year. However, changes could be made to your conviction if the following are discovered:
- You were carrying a weapon on the property that you were trespassing; this will ultimately result in a third-degree felony charges. If you are convicted of a trespass crime, then you could potentially be facing up to five years in prison, up to five years of probation, and a hefty fine of up to $5,000.
- You were caught on a construction site larger than one acre, and there was a warning sign on a post alerting you that you are not allowed on the site; this will also ultimately result in charges of a third-degree felony.
Furthermore, you could also be facing similar consequences if you trespass on an agricultural site designated for testing or research purposes. This also includes trespassing onto a domestic violence center’s property or taking and killing an animal without permission or authorization.
From the initial call to updates on your case status, we are here to get you answers.
Getting the Help You Need From a Criminal Defense Attorney in Sarasota, FL.
Are you being accused of trespassing onto a property, structure, or conveyance as stated in Florida Statute 810.08, or other property that is not listed, and now you are facing charges for your crime? Then you are in need of a professional criminal defense attorney to defend your rights and fight for a reasonable outcome for your case.
The Law Place has over seventy-five years of collective experience and knowledge in managing and defending cases of trespassing for clients in Sarasota and across the State of Florida.
If convicted without the help and expertise of a skilled attorney from our law firm, then you could be facing either a first-degree misdemeanor, second-degree misdemeanor, or even a third-degree felony, depending on the circumstances and details of your trespassing case. You could possibly go up against the court on your own, but it is highly unlikely that you will be able to beat a trespassing charge and avoid conviction without an experienced attorney on your side who can navigate the laws effortlessly and fluidly.
Our law firm specializes in understanding the laws surrounding a criminal trespassing case. We will utilize all of our resources and do everything in our power to minimize your charges and reduce the severity of the consequences you are facing. If you choose to be represented by our law firm, then a professional attorney will conduct an in-depth investigation into your case, gather all the facts together, and develop a strong defense to beat your trespassing charges.
The Law Place always has your best interests at heart, and we want to help you in any way that we can. During your free consultation, a skilled attorney from our law firm will ask relevant questions to understand your situation better and then offer you legal advice to help you decide on the next best move to make. Contact us now at (941) 444-4444 for a free consultation, and we will fight your trespassing charges together.