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Trespass on Property in Florida

If accused of Trespass on Property in Florida, you need to know the:

• Definition of Trespass on Property
• Penalties for Trespass on Property
• Defenses to Trespass on Property

Definition of Trespass on Property

The crime of Trespass on Property can be committed in one of two ways:

1. Willfully entering or remaining on any property other than a structure or conveyance without being authorized, licensed, or invited when notice against entering or remaining is given, either by actual communication or by posting, fencing, or cultivation.
2. Willfully entering or remaining on the unenclosed curtilage of a dwelling with the intent to commit a crime thereon, without authorization, license, or invitation.

Unenclosed curtilage is defined as the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with the dwelling.

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

In addition to the pretrial and trial defenses that can be raised in any criminal case, specific defenses to the crime of Trespass 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 the land is not properly posted and a conviction for Trespass on Property will not survive.

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.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

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William S. Foley, P.A.
Divorce and Family Law

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