Fort Lauderdale, Florida Criminal Trespass Lawyer

Attorney for Trespassing Charges in Fort Lauderdale

There are a wide range of situations where people may be arrested for trespassing, and some of these cases may involve misunderstandings, unclear boundary lines, or mistaken identity. While a trespassing offense may seem minor, a conviction can still result in jail time, fines, and a permanent criminal record. People may face criminal trespassing charges when they are accused of entering or remaining on property without permission, and these charges can become more serious depending on the location involved.

The attorney at The Hoffman Firm represents clients in Fort Lauderdale who are facing criminal trespassing charges. He works to have charges dismissed, help clients avoid convictions, or negotiate reduced penalties. At all times, he works to protect clients' rights and minimize the impact that criminal accusations may have on their lives.

Examples of Situations That May Lead to Trespassing Charges

Trespassing charges may be based on accusations of actions such as:

• Entering a business after hours or after being asked to leave
• Remaining at a nightclub or bar after being told to leave by staff or security
• Entering a private parking lot, gated community, or beach area without permission
• Walking through someone's backyard or property without authorization
• Returning to a school campus after being told not to enter
• Being found inside a vacant or abandoned building
• Re-entering a store or public space after receiving a trespassing warning

In some cases, people may be charged with trespassing after being mistakenly identified or arrested in public places that were not clearly marked as restricted. Our lawyer will investigate the circumstances of an arrest to determine whether the trespassing charges are supported by clear evidence and legal justifications.

Criminal Trespass Charges

Trespassing generally involves the unlawful entry onto another person's property without authorization or refusing to leave after being warned to depart. There are different classifications of trespassing based on the type of property involved:

• Trespass in a Structure or Conveyance: A structure is a building, while a conveyance is a vehicle, including a car, truck, trailer, boat, railroad car, or aircraft. Accusations of entering or remaining in a building or vehicle without authorization can lead to second-degree misdemeanor charges, and the potential penalties may include being sentenced to up to 60 days in jail. If a structure or conveyance was occupied by another person, trespassing may be charged as a first-degree misdemeanor, which carries a potential one-year jail sentence. A person who was armed with a gun or other dangerous weapon while trespassing could face third-degree felony charges, and they could face a sentence of up to five years.
• Trespass in a Dwelling: This charge may apply when a person is accused of entering or remaining in someone's home or other residential space without consent. This offense may result in first-degree misdemeanor charges. Third-degree felony charges may apply if a person was allegedly armed with a firearm or dangerous weapon.
• Trespass on School Property: Entering or remaining on the grounds of a school without authorization could lead to trespassing charges, including in situations where students are prohibited from being at school due to suspensions or expulsions. Trespassing in a school is usually charged as a second-degree misdemeanor, although first-degree misdemeanor charges may apply if a person had been directed to leave the school by a principal or school employee. If a person was armed with a firearm or other weapon, they may face third-degree felony charges for trespassing in a school.

Strategies for Defense in Trespassing Cases

Several legal defenses may be available for a person who has been charged with criminal trespassing. Our lawyer will carefully review the facts and provide guidance on the most effective strategies based on the client's unique circumstances. He may raise the following defenses:

• Consent to Enter: Our attorney may take steps to show that a person believed that they had permission from the property owner or occupant to be on the premises or that they were not aware that consent had been withdrawn.
• Lack of Notice: A person cannot be convicted of trespassing unless they were aware—or reasonably should have been aware—that they were not permitted to enter or remain on a property. Our lawyer may demonstrate that a property's boundaries were not clearly marked and that no warning was issued to show that a person did not realize that they were trespassing.
• Mistaken Location or Lack of Intent: In some cases, a person may unintentionally enter property they believed to be public or open to access. This may occur due to unclear boundaries or unmarked entrances.
• Unlawful Arrest or Insufficient Evidence: If police officers did not have probable cause to arrest a person for trespassing, or if the prosecution cannot present solid evidence showing that a trespass occurred, our attorney may seek to have the charges dismissed.

When appropriate, our lawyer may negotiate for a resolution that will help a person avoid a conviction, such as participation in a pretrial diversion program or completing community service and refraining from additional violations during a period of probation.

Contact Our Fort Lauderdale, FL Criminal Trespassing Attorney

When defending against trespassing charges, you may have multiple options for avoiding a conviction or resolving your case with minimal penalties. Our attorney will fight to protect your rights and help you achieve a favorable resolution. Contact our Fort Lauderdale trespassing defense lawyer at 954-524-4474 to arrange a free consultation.