The Kaigle Law Firm Arrested? Contact Us Now!

Contact Us Now For Free Consultation!

Fields marked with * are required


In Florida, Trespassing is committed when you enter or remain in any place without being authorized, licensed, or invited.
 
The crime of Trespassing in Florida can also be committed if, after having been invited or authorized, are warned to leave and refuse to do so.
 
The Florida Trespassing statutes make distinctions between whether the property trespassed upon is a structure, conveyance, or dwelling. Depending on various factors and details, the potential penalties vary greatly.

Penalties for a Trespassing Charge

Trespassing in a Structure or Conveyance in Florida is classified as a second degree disdemeanor punishable by up to:
  1. Sixty days in the county jail;
  2. Six months of supervised probation;
  3. A $500 fine
If there is a human being in the structure or conveyance at the time the trespass is committed or attempted, Florida reclassifies the Trespassing to a first degree misdemeanor punishable by up to:
  1. One year in the county jail;
  2. One year of supervised probation;
  3. A $1,000 fine
If you are armed wtih a firearm or other dangerous weapon or become armed while in the structure or conveyance, Florida reclassifies the Trespassing to a third degree felony punishable by up to:
  1. Five years in state prison;
  2. Five years of supervised probation;
  3. A $5,000 fine

Defenses to a Trespassing Charge

In addition to factual defenses that would be raised at trial to show reasonable doubt as to the crime alleged, some common defenses to a Trespassing charge in Florida include:

You were invited
Florida’s Trespassing law specifically requires that in order for you to be in violation of the law, you must have entered or remain uninvited. If you were invited, then you will have not committed a trespass. However, you may still be guilty of Trespassing if, having been invited, an owner or other authorized individual revoked the invitation and you would be required to leave at that time.
 
Additionally, authority to enter or remain need not be given in express words. Rather, it may be implied from the circumstances. It is lawful to enter or remain at a premises, if under circumstances, a reasonable person would have believed that they had permission to do so.

You were not asked to leave
Sometimes, you may be invited and later have that invitation withdrawn or revoked. At that time, you would be required to leave the premises so long as you were properly notified that your invitation had been revoked. Essentially, it is necessary for an owner or other authorized individual to communicate or warn you to leave. Then, and only then, would a refusal to do so be considered trespassing.

You were not told to leave by an owner or other authorized individual
The Florida Trespassing law specifically requires that an owner or authorized person revoke your invitation and require you to leave. While almost anyone can be authorized by an owner or other agent to expel patrons, it should not be assumed that the person who asked you to leave had the authority to do so. Even if that person is a police officer!

Contact Orlando Criminal Defense Attorney Chris Kaigle if you’ve been charged with Trespassing in Florida!
(407) 545-6416