Penalties for Trespass on Property
The crime of Trespass on Property is a First Degree Misdemeanor in Florida, but can be enhanced to a Third Degree Felony if the trespass occurs under certain circumstances.
If convicted of Trespass on Property, a judge can impose any combination of the following penalties:
Up to sixty (60) days in jail.
Up to six (6) months of probation.
Up to $500 in fines.
Penalty Enhancements
Trespass on Property is enhanced to a Third Degree Felony if:
The accused is armed with a firearm or other dangerous weapon;
The accused hunts an endangered, fur bearing, or game animal;
The area is a posted construction site;
The area is a posted agricultural site for testing or research purposes;
The area is a posted domestic violence center; or
The area is a posted agricultural chemicals manufacturing facility.
The crime of Third Degree Felony Trespass on Property is classified as a Level 3 Offense under Florida's Criminal Punishment Code.
If convicted of Third Degree Felony Trespass on Property, a judge can impose any combination of the following penalties:
Up to five (5) years in jail.
Up to five (5) years of probation.
Up to $5,000 in fines.
Defenses to Trespass on Property
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Trespass on Property include:
Improper Posting
If the Trespass on Property charge is based on the posting of "No Trespassing" signs, the signs must conform to the specific posting requirements of Florida Statute 810.011 or the land is not properly posted and a conviction for Trespass on Property will not survive. [1]
Stale or Overridden Warning
Where there is property that has multiple owners, a previous trespass warning cannot be the basis of a Trespass on Property charge if you are subsequently invited or allowed back on by a different owner or a person with greater authority.
Lack of Intent
One of the elements necessary to support a conviction for Trespass on Property is the intent to unlawfully trespass on the property. Usually this is proven by showing that a person entered stealthily.
But if a person can show they thought entry onto the property was permissible, a conviction for Trespass on Property will not stand because the trespass cannot be considered to have been done willfully.
Good lawyer,Good luck.
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