Miami Criminal Trespassing Defense Lawyer

Experienced Attorney Defending Clients Charged With Criminal Trespassing in Miami

Criminal trespassing occurs by entering or remaining on another party's property without authorization to do so. Florida has numerous laws against trespassing, and an alleged offender can face misdemeanor or felony charges. Numerous factors can influence the severity of the charges, such as the specific type of property involved and whether an alleged offender was armed with a firearm or other dangerous weapon. Many people are accused of trespassing crimes as the result of honest misunderstandings.

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Florida Criminal Trespass Charges

Trespass crimes are listed under Chapter 810 of the Florida Statutes. Trespassing can occur in the following premises:

• Structure: A building that has a roof over it, together with the surrounding land. This may include a temporary or permanent building or the portions or remnants of a building during a state of emergency declared by the Governor.
• Dwelling: A building or conveyance that has a roof over it and is designed to be occupied by people staying inside during the night, as well as an attached porch and the surrounding land. A dwelling may be temporary or permanent, mobile or immobile. It may also include the portions or remnants of a dwelling during a state of emergency declared by the Governor.
• Conveyance: Any motor vehicle, trailer, ship, vessel, railroad vehicle or car, aircraft, or sleeping car. Entering a vehicle or conveyance may include taking apart any portion of the conveyance. During a state of emergency declared by the Governor, a conveyance may include any portion of a conveyance that may exist.

The four different trespassing offenses established under state law include the following:

• Trespass in Structure or Conveyance, Florida Statute § 810.08: An alleged offender commits a second-degree misdemeanor if he or she willfully enters or remains in any structure or conveyance without being authorized or invited. This offense may also apply if a person who had been allowed to enter a property, is warned by the owner or lessee of the premises to depart, and refuses to do so. If a person was in the structure or conveyance at the time of the alleged offense, trespass in a structure or conveyance is a first-degree misdemeanor. If the person was allegedly armed with a firearm or another dangerous weapon, trespass in a structure or conveyance is a third-degree felony.
• Trespass on Property Other Than Structure or Conveyance, Florida Statute § 810.09: An alleged offender commits a first-degree misdemeanor if he or she, without being authorized or invited, willfully enters or remains in a property after being given notice that they are prohibited from entering or remaining, either by communication to the offender or by posting, fencing, or cultivation. If the property is the land surrounding a dwelling, and the alleged offender enters or remains with the intent to commit an offense other than trespassing, they may be charged with trespassing. If the alleged offender was armed with a firearm or other dangerous weapon during the commission of trespass on property other than a structure or conveyance or the area is a construction site, horticultural site, agricultural site designated for testing or research purposes, agricultural chemicals manufacturing facility, or domestic violence center, and a sign is posted identifying it as such and warning that trespassing is a felony, this offense is a third-degree felony.
• Trespass on School Property With Firearm or Other Weapon, Florida Statute § 810.095: An alleged offender commits a third-degree felony if he or she is trespassing upon school property and brings onto, or to possesses on, such school property any weapon or any firearm. School property is defined as "the grounds or facility of any kindergarten, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic," and weapon is defined under Florida Statute § 790.001(13) as "any dirk, knife, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife."
• Trespass Upon Grounds or Facilities of a School, Florida Statute § 810.097: An alleged offender commits a second-degree misdemeanor if he or she does not have legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property, or is a student currently under suspension or expulsion and enters or remains upon the campus or any other facility owned by any such school. If the alleged offender enters or remains upon the campus or other facility of a school after the principal of such school, or his or her designee, has directed the alleged offender to leave such campus or facility or not to enter upon the campus or facility, trespass upon the grounds of a school facility is a first-degree misdemeanor.

Criminal Trespass Penalties in Miami

The possible punishments people can be sentenced to if they plead guilty to or are convicted of trespassing offenses depends on how the underlying crimes were classified. Statutory maximums in these cases are generally as follows:

• Second-degree misdemeanor: Up to 6 months in jail and/or a fine of up to $500
• First-degree misdemeanor: Up to 1 year in jail and/or a fine of up to $1,000
• Third-degree felony: Up to 5 years in prison and/or a fine of up to $5,000

It is important to note that the jury instructions for certain trespassing offenses state that the authority to enter upon or remain in property does need to be given in express words, as such permission can be implied from the circumstances. Additionally, a prosecutor must prove beyond a reasonable doubt that an alleged offender "willfully" committed an alleged trespassing offense, meaning that he or she intentionally, knowingly, and purposely broke the law.

Contact Our Miami, FL Trespassing Defense Attorney

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