Orlando Trespassing Lawyer
In general, you cannot enter or remain on someone else’s property without their permission. Even if you have no harmful or nefarious intent, you can still be arrested and charged with criminal trespass. This can lead to possible jail time and other consequences, such as a fine and having a criminal record.
An experienced Orlando trespassing lawyer can advise you of your rights in these cases and defend you in court. The Joshi Law Firm, PA, is a full-service Central Florida criminal defense firm. We represent clients throughout Orange County facing criminal trespass and other misdemeanor and felony charges. We can explain the law to you and present your options for mounting a defense.
How Florida Criminal Trespass Laws Work
There are actually multiple Florida statutes dealing with criminal trespass. These include:
- trespass in a structure or conveyance (e.g,, a motor vehicle or ship);
- trespass on property other than structure or conveyance;
- trespass upon grounds or facilities of a school;
- trespass on school property with a firearm or another weapon; and
- trespass for the purpose of threatening or intimidating another person.
The elements of any trespass offense include willfully entering or remaining in a place without being authorized, licensed, or invited to do so. The owner or their representative must first warn you to leave the premises or face a trespassing charge. Posting a “No Trespassing” sign on the property can be sufficient warning if certain legal requirements are met.
Trespass in a structure or conveyance is a second-degree misdemeanor. This means that a conviction carries a maximum possible sentence of 60 days in jail and a $500 fine. But if another person was present in the structure at the time of the trespass (or attempted trespass), the charge is bumped to a first-degree misdemeanor, which can mean up to 1 year in jail. And if the trespasser was carrying a firearm or other dangerous weapon, the state can charge a third-degree felony. That means if convicted, the trespasser could face up to 5 years in prison and a $10,000 fine.
Contact the Orlando Trespassing Lawyers at Joshi Law Firm Today
As with any criminal offense, a Florida prosecutor must prove all of the elements of trespassing beyond a reasonable doubt. This includes showing the defendant intentionally entered, or attempted to enter, the property without the owner’s permission or authorization, and that the defendant remained there despite a clear warning to leave. In many cases, a defendant can show they had at least the owner’s implied consent or invitation to be on the property, which is sufficient to create reasonable doubt.
At the same time, you cannot trust the prosecution or the court to simply take your word for it. You need to work with a qualified Orlando trespassing lawyer who can assist you in building a compelling defense. If you need to speak with an attorney, call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.
