Trespassing Charges in FL
Ensuring Your Legal Rights
Trespassing Charges in Florida
Are you facing trespassing charges in Florida? You’re not alone. Trespassing is a serious crime that can have long-term consequences if you are convicted. That’s why it’s crucial to find the right defense lawyer who understands the law and knows how to build a strong defense for your case.
With an experienced defense lawyer in Florida for trespassing charges, you can be sure that all of your legal rights will be protected and that every possible angle will be explored to get the best outcome for your case. Read to learn more about how a skilled attorney can help you with your trespassing charges defense in Florida.
What is Trespassing in Florida and the Penalties for It
Trespassing in Florida is when a person intentionally enters or stays on a property or structure without permission, consent, or invitation. It can also occur if a person refuses to leave the property after being warned to do so by the owner, authorized person, or lessee.
According to Florida law, there are two types of criminal trespass: Trespass in Structure or Conveyance and Trespass on Property Other Than Structure or Conveyance. In legal terms, a “conveyance” refers to any type of vehicle. Therefore, if you are caught trespassing in a car, you could be charged with Trespass in Structure or Conveyance.
A person can be convicted of criminal trespass even without evidence of intent to trespass. Still, the evidence must be that they willfully entered or stayed on the property without permission. It must be clearly communicated to withdraw permission so that the person knows they are not allowed to remain on the property.
Depending on the circumstances, trespassing can be a misdemeanor or felony in Florida. For instance, a class 1 misdemeanor may lead to a maximum of 60 days in jail and a fine of up to $500.
If someone with a firearm or other dangerous weapon trespasses onto protected or restricted property, it is considered a felony. The penalty includes up to 5 years of imprisonment and fines of up to $5,000.
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How to Determine If You Are Committing Trespass
To avoid being charged with a crime, it is essential to remember that permission to enter or stay on the property must be expressed or implied. Florida’s criminal trespass laws are commonly violated in the following ways:
- Trespassing to disrupt business activities
- The act of occupying someone else’s property without legal permission
- Not leaving someone else’s property when asked by the owner
- Not leaving a public building during its regularly closed hours after an employee has asked to leave
These are just a few examples of trespassing. If you find yourself in an unclear situation, it’s best to seek legal advice from a defense lawyer before you do anything else.
Strategies for Building an Effective Defense Against Trespassing Charges in Florida
Now that you know what trespassing is and the potential consequences of it, let’s look at how a skilled defense attorney for trespassing charges in Florida can work to achieve the best outcome for your case. Here are some of the strategies they can use:
- You were permitted to visit the property. The defense lawyer can argue that you had permission or were given consent to enter and remain on the property. This is especially true if you are family members or friends of the owner.
- The location was open for public access. If the property was accessible to the public, such as a shopping center or park, there may be grounds for dismissal.
- Warning signs are not provided appropriately. The prosecution must prove that you knew the property was off-limits. If no signs or warnings were provided, proving that you were aware could be difficult.
- You needed to enter the property. If it can be proven that you trespassed on the property to protect yourself or another person, then the charges could be reduced or dismissed.
- Lack of evidence. The prosecution’s responsible for proving that you intentionally and knowingly trespassed on the property. If there is a lack of evidence, the charges can be dropped.
How a Florida Defense Lawyer for Trespassing Charges Can Help
If you’re facing trespassing charges, you must get legal advice and representation from an experienced Florida defense lawyer. The following are some of the ways an attorney can help:
- Gather evidence to prove innocence. A lawyer will investigate your case and collect evidence that could benefit your defense. This includes witness statements, security footage, or other types of proof.
- Negotiate with the prosecutor. An experienced attorney knows how to negotiate with prosecutors to get a favorable outcome for the case. This could include reducing or dismissing the charges and avoiding jail time.
- Explain your legal rights. A lawyer will advise you on what to expect throughout the process and explain all of your legal rights so that you can make informed decisions about your case.
Hiring a Florida defense attorney for trespassing charges gives you a better chance of defending your case and receiving a favorable outcome. You can trust that your lawyer will use all available resources to protect your rights and get you the best possible result.
Get the Legal Help You Need to Defend Your Trespassing Charges in Florida
Being charged with trespassing in Florida can lead to serious penalties, but an experienced lawyer from Smith & Eulo can help you fight the charges and protect your rights. Our team of criminal defense attorneys has extensive experience handling all types of trespass cases. It will work hard to develop a strong legal strategy tailored to your case.
We understand how important it is for our clients to have the best possible outcome, so we’re committed to providing quality representation every step of the way. Call us today if you need assistance fighting your trespassing charge in Florida!