Criminal Trespass
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Criminal Trespass

Criminal trespassing is a property crime that can include many different scenarios under Florida law. Generally, trespassing means to unlawfully enter a structure or be on property belonging to another person when you know your presence is not allowed. You also could be trespassing if you remain on property or in a structure once you've been asked to leave.

Criminal trespassing crimes are taken seriously in Florida, and if convicted you could face jail time, fines or both. The type of property or structure that allegedly was entered could determine the consequences for the crime. Also, if someone is inside the property when the alleged trespassing occurs, the penalties for the offense could be increased.

A charge such as criminal trespassing may have complications during the trial process because the law requires proof the alleged offender knew it was illegal to be on the property. If you are facing property crime charges, it is vital you have a criminal defense attorney examine your case.

Melbourne Criminal Trespass Defense Attorney

A skilled attorney could make the difference in your Central Florida property crime case. If you have been charged with criminal trespassing, contact a Melbourne criminal trespassing defense attorney at Law Offices of Germain & McCarthy, LLC. The legal team at Law Offices of Germain & McCarthy, LLC will defend your name and reputation in court.

Call (321) 253-3447 to schedule a free case consultation. Law Offices of Germain & McCarthy, LLC represents clients facing property crime charges throughout Viera, Cocoa Beach, Satellite Beach, Orlando, Winter Park, Maitland, Lake Buena Vista, Windermere, Deltona, Edgewater, Sanford, Winter Springs, Vero Beach, Kissimmee and Saint Cloud.


Florida Criminal Trespass Charge Information Center


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Criminal Trespass Under Florida Law

According to Florida Statutes Annotated § 810, criminal trespass can be defined in four separate ways. Because each offense is different, so are the penalties that accompany them. Under Florida law, you can be charged with criminal trespass for:

Trespassing in a structure or conveyance: If you enter a structure without being authorized to do so, it is considered criminal trespassing, according to Florida Statutes Annotated § 810.08. Also, if you are asked to leave and do not, that is criminal trespassing. The offense is classified as a second-degree misdemeanor.

However, if someone is inside the building while the alleged criminal trespassing occurs, the crime is considered a first-degree misdemeanor. If the accused is carrying a firearm or other dangerous weapon while inside the structure, the crime can be increased to a third-degree felony.

Trespassing on property other than structure or conveyance: If someone enters property other than a building without being authorized to do so, he or she is trespassing, according to Florida Statutes Annotated § 810.09. If the person is asked to leave — either by verbal communication or the posting of a notice — and remains, it is a crime. Trespassing on property is considered a first-degree misdemeanor.

If the person is armed, it is considered a third-degree felony. If the property that is trespassed is a construction site, a commercial horticulture site or a domestic violence center, the offense automatically is a third-degree felony.

Trespassing on school grounds or in a facility: Any person who does not have legitimate business or reason to be on a school campus, but does so without authorization, is guilty of a second-degree misdemeanor. According to Florida Statutes Annotated § 810.097, this includes students who have been suspended or expelled.

If a person remains on the campus after a principal or other school designee directs the person to leave, he or she can be charged with a first-degree misdemeanor.

Trespassing on school property with a firearm: It is a third-degree felony to trespass with a weapon on any school property, which includes any facility of any public or private kindergarten, elementary school, middle school, junior high school, secondary school, career center or postsecondary school.


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Penalties for Criminal Trespass

Penalties for criminal trespass in Melbourne can vary according to the crime. If you are charged with criminal trespass, you could face:

  • Third-Degree Felony: Up to five years in prison and a fine of up to $5,000
  • First-Degree Misdemeanor: Up to a year in jail and a fine of up to $1,000
  • Second-Degree Misdemeanor: Up to 60 days in jail and a fine of up to $500

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Finding the Best Criminal Trespass Defense Attorney in Brevard County

Property crimes are taken seriously in Florida, and if you are convicted, the consequences can be detrimental to your future. If you have been arrested and charged with criminal trespass in Brevard County, contact an experienced Melbourne criminal trespass defense attorney at Law Offices of Germain & McCarthy, LLC.

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