A charge of trespassing in a structure or conveyance is recognized as a serious crime in the State of Florida, and it comes loaded with plenty of consequences. A criminal trespass will most likely result in facing jail time, a probation period, and large fines, along with receiving a permanent criminal record that will end up affecting your personal and professional life, including future employment opportunities, insurance rates, and even more.
If you are being accused of trespassing in a structure or conveyance, then you are going to need all of the help you can possibly get. The first step will be to hire a skilled criminal defense lawyer who has a complete understanding of the law surrounding criminal trespass in the State of Florida.
At The Law Place, we have over seventy-five years of collective experience and knowledge when it comes to fighting criminal charges for clients in North Port and across the State of Florida. Our list of practice areas includes trespassing in a structure or conveyance, drug crimes, white-collar crimes, DUI’s, felony crimes, and even more. Our biggest asset is our dedicated team of criminal defense lawyers, who have an in-depth understanding of the law in Florida and will help to guide you through the legal system.
Call our office today to schedule a free case evaluation, in which a criminal defense attorney will sit down with you and discuss the details of your criminal trespass case, and you will be free to ask any questions that you might have in mind. If you feel that our law firm is right for you at the end of the meeting, then we will immediately get to work on your case. A criminal defense attorney will begin by conducting an investigation into your charge, evaluating the facts, and developing a strong defense strategy to take into the courtroom.
The Law Place prides itself on always putting the client first and foremost, and we have successfully managed and won hundreds of cases like yours. We will do everything in our power to reduce the charges and minimize the consequences that you are facing for your criminal trespass case.
Don’t hesitate to reach out and call us today. A criminal defense attorney will be waiting to hear from you. Contact The Law Place now on (941) 444-4444 for a free consultation, and we will fight your trespassing of a structure or conveyance charge together in North Port.
Definition of Trespassing of a Structure or Conveyance in North Port
Florida Statute 810.08 defines the meaning of trespassing on a structure or conveyance as:
However, it is important to note that there are two different types of criminal trespass charges that you must be aware of if you are being accused of trespassing in the State of Florida. You will either be charged with trespassing in a structure or conveyance or trespassing on a property other than a structure or conveyance, depending on the specifics of your case.
Trespass in a Structure or Conveyance in North Port, FL.
In the event that a person willfully enters and intentionally remains in a structure or conveyance, such as a building or a dwelling, with a lack of official authorization, then this is classed as criminal trespass in a structure or conveyance. This charge will also apply if a person was previously given official authorization or a license to remain on the property in question, but they were specifically asked to leave by the owner of the property and instead chose to remain on the property regardless.
Trespass in a structure or conveyance is a serious offense, and it is classed as a second-degree misdemeanor in the State of Florida. The penalties for criminal trespass of a second-degree misdemeanor usually include spending up to six months in jail and receiving a $500 fine. However, this charge could quickly be enhanced to a third-degree felony if a person is armed with a gun or another life-threatening weapon, and another person is also on the property at the time of the trespass. The penalties for criminal trespass of a third-degree felony usually include spending up to five years in prison, five years of probation, and receiving a fine of up to $5,000.
Trespass on Property Other Than a Structure or Conveyance in North Port, FL.
In the event that a person willfully enters and intentionally remains on a property other than a structure or conveyance, and they lack official authorization, license, or invitation to be there, then this is recognized as trespassing on a property other than a structure or conveyance in the State of Florida.
Trespass on a property other than a structure or conveyance is a serious offense, and it is classed as a first-degree misdemeanor in the State of Florida. The penalties for criminal trespass of a first-degree misdemeanor usually include spending up to twelve months in jail and also receiving a $1,000 fine. However, this charge could quickly be enhanced to a third-degree felony in the event that a person is armed with a gun or another life-threatening weapon, and another person is also on the property at the time of the trespass. The penalties for criminal trespass of a third-degree felony usually include spending up to five years in prison, five years of probation, and receiving a fine of up to $5,000.
Terms Associated With Trespassing in North Port, FL.
Florida Statute 810.011 outlines some of the main terms that are used in association with crimes of trespassing in the State of Florida:
- “Structure” – A building of any kind, either temporary or permanent, which has a roof over it, together with curtilage. However, during a state of emergency declared by executive order or proclamation of the Governor for purposes of Florida Statute 810.02 and Florida Statute 810.08 only, the term means a building of any kind or such remains existing at the original site, regardless of the absence of a wall or roof.
- “Dwelling” – A building or conveyance of any kind, including any attached porch, whether temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people at night. During a state of emergency, a “dwelling” is treated the same as the above “structure.”
- “Conveyance” – Any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and “to enter a conveyance” includes taking apart any portion of the conveyance. However, during a state of emergency declared by executive order or proclamation of the Governor, the term “conveyance” means a motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car, or portions of them that still exist.
How Must the Prosecution Prove Trespassing in North Port, FL?
The prosecution is required to prove that the trespass was willful and intentional in order to convict you of a trespassing offense. In more simple terms, they must prove that you were fully aware of the fact that you were trespassing, and therefore, committed a trespass crime.
It is possible that a person might have actually thought or believed that they had permission or a suggested invitation to remain on the property, or they might not have been specifically ordered to leave the premises. In most cases, there is usually a reasonable explanation for why the person remained on the property, and the court will look into all of the facts and details of the case in order to come to a resolution.
The Law Place has managed hundreds of cases in relation to trespassing, and we will work hard to build a strong defense to contest your individual charge. There are many legal defenses that a skilled criminal defense lawyer from our law firm could use to fight your criminal trespass charge, such as:
- No contact or specific request to leave the property.
- A suggested invitation or permission to enter or remain on the property.
- A retraction of the order to leave the property.
- A lack of evidence to prove intent.
- A lack of notice or an improper notice to state no entry.
A skilled criminal defense lawyer from The Law Place will conduct an in-depth investigation into the incident and get to the heart of the case in order to find the best legal method to fight for your rights. Soon after the investigation, a lawyer will be able to figure out whether the case will likely be classed as a first-degree misdemeanor, a second-degree misdemeanor, or even a third-degree felony in the eyes of the court. There is no need to be concerned, as a criminal defense lawyer will protect your good name and develop a clever defense strategy for your case in North Port.
Penalties for Trespass in a Structure or Conveyance in North Port
Trespassing in a structure of conveyance can be considered a very serious offense in the State of Florida. There are plenty of consequences that come with committing a crime of trespassing, and your case could possibly fall under any one of these offenses:
- Second-degree misdemeanor – A person who is caught trespassing in an unoccupied structure or conveyance is classed as a second-degree misdemeanor. The penalties include spending up to sixty days in jail, six months of probation, and receiving a fine of up to $500.
- First-degree misdemeanor – A person who is caught trespassing in an occupied structure or conveyance, meaning that the property was occupied by another person during the time of the trespass, is classed as a first-degree misdemeanor. The penalties include spending up to one year in jail, one year of probation, and receiving a fine of up to $1,000.
- Third-degree felony – A person who is armed with a gun or another dangerous weapon and is caught trespassing in a structure or conveyance is classed as a third-degree felony. The penalties include spending up to five years in prison, five years of probation, and receiving a fine of up to $5,000.
Contact The Law Place Today
Have you been accused of trespassing in a structure or conveyance in North Port? Are you afraid of the harm that a charge like this could impose on your future? It is understandable that you might be feeling unsure of what move to make next. But, the good news is that you can hire the skills of a criminal defense lawyer from The Law Place to help your case.
The Law Place has over seventy-five years of combined experience in managing cases like car accidents, personal injury claims, crimes of arson, felonies, trespassing crimes, and even more. We have a reputation for having the most skilled and knowledgeable group of lawyers in town who can contest any kind of charge that you might be up against. Furthermore, our law firm is proud to say that we have been able to successfully assist clients and win cases in North Port and across the State of Florida.
If you’re looking for the smartest legal advice in North Port, then look no further. Call The Law Place today, and one of our criminal defense lawyers can offer you some words of advice on the best move to make in your current situation. We will do everything in our power to reduce the charges and minimize the severity of the consequences that you are facing for trespassing in a structure or conveyance.
Contact The Law Place now on (941) 444-4444 for a free consultation, and we will fight your trespassing of a structure or conveyance charge together in North Port.