If you have been charged with the offense of Trespass on Property Other Than a Structure or Conveyance, then you are being accused of physically entering or remaining on a property which does not belong to you, and you were given notice that you were not allowed to be on the property either verbally by the owner or person authorized by the owner, or the land was enclosed by a fence, or the land was cultivated land (land cleared of natural vegetation and is planted with a crop, orchid, grove, pasture, or trees) or by a posted sign. This offense is detailed in Florida Statutes, Section 810.09.
On commercial and private property, such as industrial parks or school grounds, your access may be limited at certain times, and on commercial private property such as a golf course or amusement park, generally your access is allowed only during the hours the property is open to the public for business. In other words, while it would be perfectly legal for you to be on a golf course during normal business hours, if you were on the property at 2:00 a.m., you could be trespassing. In the end, any time you enter private property without benefit of express or implied consent from the owner, you may be trespassing.
Take Your Charges of Trespass Seriously
If you have been charged with Trespass on Property Other Than a Structure or Conveyance, don’t assume the charges are not all that serious, or that you don’t need to consult a criminal defense attorney. A conviction for a misdemeanor offense will still go on your criminal record. This means any time you apply for a job, or attempt to rent an apartment or home, that record can be accessed. While it may not seem like a big deal, if such a record prevents you from obtaining a job you are well-qualified for, or from obtaining a professional license or a student loan, it can be quite serious.
Penalties Associated with Trespass on Property Other Than a Structure or Conveyance
If you are on property, other than a structure or conveyance, where a sign has been posted, or it has otherwise been communicated to you that you should not be there, you could be charged with a first-degree misdemeanor. A conviction for a first-degree misdemeanor in the state of Florida could result in a sentence of up to a year in jail. Enhancements to the charges and penalties can apply when:
- You carry a weapon onto the premises you are trespassing on, resulting in third-degree felony charges. If convicted of this crime, you could face up to five years in prison, five years of probation, and a fine as large as $5,000.
- If the trespass offense occurred on a construction site which is larger than one acre, and there is a posted warning designating the area as a construction site, you could face third-degree felony charges, and, if convicted, could face up to five years in prison, five years of probation, and a fine as large as $5,000.
You could also face this type of serious consequence if you trespass on an agricultural site designated for research or testing purposes, if you trespass onto the property of a domestic violence center, or if you take an animal or kill an animal without authority while trespassing.
Getting the Help You Need from a Criminal Defense Attorney
If you are facing charges of Trespass on Property Other Than a Structure or Conveyance, it is important that you not face those charges alone. A criminal defense attorney from The Law Place can build a defense on your behalf, perhaps even having the charges dropped or negotiating a plea for a lesser crime. Our criminal defense attorneys always have your best interests at heart, and will fight for your rights and your future. Contact a criminal defense attorney from The Law Place today by calling 941-444-4444.