If you are facing criminal trespass charges in Central Florida, no matter how clear cut or complex the charge, the Orlando criminal defense lawyers at the TK Law Firm are prepared to defend you.
Our goal is to keep the trespassing charge off your record if at all possible. Many people do not realize the powerful impact a skilled attorney can have on the outcome of a case. We are often able to negotiate a plea agreement that will avoid a criminal conviction.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
The sooner you contact us, the sooner we can investigate your case, preserve evidence that may disprove the allegations, and act in your defense.
How Florida Law Treats Criminal Trespass Cases
Under Florida Statute 810, trespassing generally involves the act of entering and remaining in a vehicle, building or property without permission, license or invitation, or refusing to leave after being warned by the owner or authorized person to depart.
Florida statutes are intricate and contain many exceptions. The court's view of your criminal trespass charge will depend on: where you trespassed (what type of property); what your intent was; whether anyone else was present; were you armed; and what other crimes you did (or did not) allegedly commit on the property. For example,
- Trespassing on a school property is a second-degree Florida misdemeanor. This charge is punishable by up to 60 days in jail and fines up to $1,000. Trespassing in Central Florida school grounds while carrying a weapon is a 3rd degree felony, with maximum imprisonment of 5 years.
- If you trespassed on a conveyance (a vehicle or other mode of transfer) or structure in Orlando, this is generally a second degree misdemeanor, with a penalty of up to sixty days in jail. If the structure is occupied by another person, prosecutors can elevate your charge to a first-degree misdemeanor, punishable by up to 12 months in jail.
- If you had a gun, knife or other dangerous weapon when you trespassed, the offense can be charged as armed trespass, which is a third degree felony in Florida. A conviction can have a sentence of up to 5 years in prison with fines up to $5,000.
- Trespassing on property other than a structure or conveyance is a first degree misdemeanor, punishable by up to one year in jail. The properties could range from posted land, to someone’s yard, to a livestock pasture. In other cases, criminal trespass upon properties devoted to agricultural research, horticulture, construction sites and other specific purposes carries charges of a third-degree felony and a 5-year maximum prison term.
Developing a Thorough Criminal Trespass Defense
The team at the TK Law Firm can examine your case and help you build the most appropriate defense strategy. Depending on the facts that we uncover, there are numerous ways our lawyers can fight charges of trespass, such as:
- The prosecution’s evidence that you committed trespass may be thin;
- The person who demanded that you leave the premises did not have the authority to do so;
- The property was considered open to the public;
- You did not stay on the property after being asked to depart;
- You did not know that you had been trespassing;
- You only trespassed to help someone in need or to protect yourself from assault. For instance, if you took refuge from gang violence on a school or other property, the court may understand and accept your rationale.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
Not All Criminal Trespass Defenses Are Created Equal
One reason why clients value working with the TK Law Firm is the extensive support that our experienced team provides. When you face complex charges such as criminal trespassing combined with burglary, drug violation, and weapons charges, you need a law firm that has diverse resources.
Whether you stand accused of criminal trespass in an Orlando night club; or your teenage son was involved in drug-related trespass and burglary charges, the TK Law Firm can provide the dedicated representation you need.
Please contact our trespass defense attorneys for a free evaluation of your case: 855-Kramer-Now (855-572-6376). We provide payment plans as well as evening appointments.
The crimes of breaking and entering, trespassing and burglary in Florida are all quite different – and they carry dramatically different penalties. But the distinctions can be vital to your defense.