As noted in Florida Statute 810.08, criminal trespassing occurs when a person willfully enters or remains in any conveyance or structure without being invited to so so by the owner of the premises. Likewise, if a person refuses to leave a structure or conveyance after being asked by the owner to do so, then this is also trespassing and is considered to be a criminal offense.
Whilst many people consider trespassing to be a relatively minor offense, the penalties and punishments associated with such a charge can be considerable. Therefore, if you have been arrested or charged with the trespassing of a structure or conveyance, then it is important to seek qualified legal aid as soon as you can. At The Law Place, we have a team of adept criminal defense attorneys who have an abundance of experience in handling trespassing cases similar to yours. Schedule a free consultation with one of our adept lawyers, and receive valuable legal advice on the best way to proceed. Call our Venice offices today at (941) 444-4444. Phone lines are open 24/7.
Possible Penalties Associated With Trespassing of a Structure or Conveyance in Venice
Charges for trespassing on a structure or conveyance vary depending on the circumstances surrounding the arrest. Possible charges that you may receive as a result of the criminal act include:
- Second-degree misdemeanor charge – If you are caught trespassing in an unoccupied structure or conveyance, then you are most likely to be charged with a second-degree misdemeanor. Penalties for this charge include up to $500 payable in fines, up to sixty days behind bars, and also up to six months on probation.
- First-degree misdemeanor charge – If you committed the crime of trespassing while another person was present, or the structure or conveyance was occupied in some way, then you will receive a first-degree misdemeanor charge. This charge includes penalties of up to $1,000 in fines, up to one year of jail time, as well as up to one year on probation.
- Third-degree felony charge – This is the most serious charge that a person could face as a result of committing a trespassing offense. If you are caught trespassing in a structure or conveyance while armed or carrying a dangerous weapon, then you will be charged with a felony. Third-degree felony charges are punishable by up to $5,000 in fines, up to five years in prison, and up to five years on probation.
No matter the circumstances surrounding your arrest, here at The Law Place, our criminal defense attorneys are here to help. Our defense lawyers can offer valuable legal advice and support on the best steps to take. Call our offices in Venice today to arrange a free consultation.
What Defense Strategies Could a Criminal Defense Lawyer Use?
By seeking the representation of a defense lawyer, they will work to build a strong defense strategy that can stand up in court against the prosecution if necessary. Depending on the circumstances surrounding your case, a defense lawyer will seek to put forward a defense strategy that, if successful, may see your charges reduced or dropped entirely. Possible defense strategies include:
- Your act of trespassing was unintentional – You were unaware that you weren’t allowed to enter a structure or conveyance without permission.
- The trespass warning sign was not clearly visible – If there was a trespass warning sign, but it was not clearly visible to the public, then your lawyer may be able to argue that your act of trespassing was not intentional.
- The trespass warning sign had expired – If the trespass warning sign had expired or was miscommunicated in any way, then your attorney may be able to argue that the act of trespassing was unintentional.
- There was no trespass warning sign – If there wasn’t a trespass warning close by to the conveyance or structure, then your lawyer could argue that you could not have known that you were committing a trespassing offense.
If you are unsure how seeking representation from a defense lawyer can help you, then contact The Law Place today to schedule a free consultation. We will offer comprehensive legal advice on the best way to proceed with your case, and all at no obligation. Call our Venice offices today to get started.
We’re here to serve you. Our phones are open 24 hours a day. Burden of Proof
As with any criminal case that goes to court, prosecutors must prove what is known as a burden of proof. This essentially means that it is the responsibility of the prosecution to prove to the jury beyond a reasonable doubt that the accused is, in fact, guilty. In cases involving the trespassing of a structure or conveyance, the prosecution must prove that you are guilty and that the act of trespassing was intentional.
We’re Florida’s top litigation team with over 75 years of combined experience Contact The Law Place in Venice Today!
If you have been arrested or charged with the trespassing of a structure of conveyance in Venice, FL., then we would suggest that you seek legal advice as soon as you possibly can. At The Law Place, we have a team of reputable attorneys with an abundance of experience in defending the accused. A defense lawyer will be by your side throughout your legal journey and will do their utmost to ensure you receive the best possible outcome, which in turn may see your penalties reduced or even dismissed entirely.
At our law firm, we fully appreciate how traumatic facing criminal charges can be, which is why we offer a free initial consultation to all our customers. At this consultation, we will assess the legitimacy of your case as well as offer advice on the best way to proceed, all at no obligation. Our lawyers pride themselves on developing honest and trusting attorney-client relationships.
Many of our attorneys are AVVO rated 10.0, which is the highest possible rank, so you can relax in the knowledge that your case will be in competent hands. Ratings are awarded based on trial skills, length of practice, as well as client testimonials and reviews. Our Venice phone lines are open 24 hours a day, 7 days a week, so you can call us at any time of day, and a reputable attorney will be on hand to answer all your questions. Call us today at (941) 444-4444 and get started with your case.
