According to Florida Statute 810.08, the crime of trespassing on a structure or conveyance occurs when a person willfully enters or remains in a conveyance or structure with no prior invitation to do so from the owner. This is also the case when a person remains inside a conveyance or structure after they have been ordered to leave by the owner. Even if a person was previously invited into a structure or conveyance, if they do not leave after the invitation is withdrawn, then this is still trespassing.
In Sarasota, FL., if you were to trespass in an unoccupied structure, then you can be charged with a second-degree misdemeanor. If the structure is occupied, then you may be facing a first-degree misdemeanor. You can also face third-degree felony charges if you were armed with a dangerous weapon or firearm when the offense took place. A third-degree felony charge carries a penalty of up to five years in prison, a $5,000 fine, and five years of probation.
With trespass charges carrying heavy penalties, it’s vital to have the strong legal counsel of a skilled Sarasota criminal defense lawyer, well accustomed to the practice areas of criminal law. So, if you are facing charges for the offense of trespass, then The Law Place can help. Our phones are answered 24 hours a day, seven days a week.
For a free consultation, call The Law Place at (941) 444-4444.
Charges You May Be Facing for Trespassing in Sarasota, Florida?
Charges for the offense of criminal trespass differ quite considerably based on the circumstances surrounding the offense, ranging from 60 days in jail up to 5 years in prison. The circumstances that can result in each charge and the penalties that you will face due to a successful conviction are detailed below.
A Second-Degree Misdemeanor Charge
This will be the charge if you have been found to be trespassing in an unoccupied structure or conveyance. This comes with penalties of up to 60 days in jail, 6 months of probation, and a $500 fine.
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A First-Degree Misdemeanor Charge
This will be the charge if you have been found trespassing in an occupied structure or conveyance. This comes with penalties of up to 1 year in jail, a year’s probation, and a $1,000 fine.
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A Third-Degree Felony Charge
This will be the charge if you were found to be trespassing in a structure or conveyance and were armed with a dangerous weapon or firearm. This comes with penalties of 5 years in prison, 5 years of probation, and a $5,000 fine.
From the initial call to updates on your case status, we are here to get you answers.
How Can The Law Place Help?
Being charged with the offense of criminal trespass is Sarasota, Florida, can be stressful and even anxiety-inducing. But with the help of a criminal defense lawyer in Sarasota from The Law Place, well accustomed to the practice areas of criminal defense, you will stand a much better chance at receiving a fair outcome at the end of your case.
It’s important to remember that you may be facing charges that are far harsher than you might deserve. If you choose The law Place, your criminal trespass lawyer will challenge the prosecution with questions like:
- Was the property signposted with a “no trespassing” sign?
- If you were invited onto the property, was it made clear to you that the invitation was withdrawn?
- Were you aware that the property was private land?
These questions are put forth to cast doubt on the prosecutor’s case against you with the aim of getting your charges reduced or getting the case dismissed entirely.
Defining the Trespass of a Structure or Conveyance in Sarasota, Florida?
So as not to be confused with Florida Statute 810.09, the trespass of a structure or conveyance has been clearly defined below.
Trespass of a Structure
A structure is any kind of building, either permanent or temporary, that has a roof over it, with curtilage. In simpler terms, with surrounding grounds attached or adjacent to it that are used for domestic purposes. For example, a storage shed in a domestic garden.
A common example of this type of trespass is when a person willfully enters or remains in a detached garage or storage shed without receiving permission to do so from the owner. If you have received permission to be on that property but that permission has since been withdrawn, then you have still committed the crime of trespassing.
Trespass of a Conveyance
A conveyance is an object intended for transport, for instance, a car, boat, or truck.
If you have willfully entered this kind of property without prior permission from the owner, then you have committed the crime of trespassing. You have also committed the crime of trespassing if you have received prior permission from the owner to enter their truck, for example, but then refuse to leave that property after that permission has been withdrawn.
How Can The Law Place Build Your Defense?
If you have been caught trespassing in a structure in Sarasota, Florida, the prosecutor will have to prove that a crime has been committed by demonstrating that:
- The property was lawfully owned by another party.
- You didn’t have permission to enter the property.
- Permission was granted to enter the property but was then withdrawn.
- You entered or remained on the property wilfully.
- That the property was clearly signposted as closed or private.
Your criminal trespass lawyer will work on challenging these points to cast doubt on the prosecution. For instance, If there was no clear sign indicating that you were on private property, or if it was not made clear to you that a prior invitation was withdrawn, then it would be unlawful to charge you for the offense of criminal trespassing.
The Burden of Proof
Due to the trespass of a conveyance or structure falling under criminal law and not state law, the burden of proof falls to the prosecution. This means that the prosecution must prove that you are guilty of the crime beyond any reasonable doubt.
As such, due to the laws surrounding trespassing, allowing for areas of uncertainty, there is leeway for an experienced and skilled criminal defense lawyer to challenge the prosecution and cast doubt on their assertions of guilt. This means that there is a chance of getting your charges reduced or your case dismissed.
What Will Representation From The Law Place Cost in Sarasota, Florida?
Here at The Law Place, once your case has been thoroughly reviewed, we’ll present you with a figure. After this figure has been quoted, it will not change. At The Law Place, we maintain the highest levels of trustworthiness and transparency. As such, we would never seek to break the trust of a client with hidden or surprise fees.
However, as every client’s case is unique and reviewed on a case by case basis, we won’t be able to quote you a figure until after you have had your free consultation. This means that the circumstances surrounding one client’s case will never match that of another client. As a result of this fact, fees will always differ from case to case.
Why Choose The Law Place?
If you choose the legal representation of The Law Place, you will gain access to decades of collective experience as your case will not just be handled by your lawyer alone. We review cases as a team to devise the best defense strategy moving forward. Our lawyers endeavor to have cases dropped. If this is not possible, we’ll seek to have charges reduced and push to minimize any jail time.
Your lawyer will be highly experienced in dealing with trespass cases of all types. They will work closely with you, laying out your defense strategy clearly and concisely. We will ensure that you understand your position and can make the best next step while navigating the legal landscape of Florida law.
Call The Law Place Now
If you are facing unfair charges for trespassing, then we can help. Call us now, and we’ll assign you an experienced Sarasota, Florida, criminal trespass attorney who will aggressively fight the prosecution and stand for you right to a fair outcome in court.
Our phones are answered 24 hours a day, seven days a week, so your call will never go unanswered. Call anytime and let us cut through your complex criminal trespass charges and guide you smoothly through your legal journey.
For a free consultation, call The Law Place at (941) 444-4444.
