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Trespass in a Structure in Florida

If accused of Trespass in a Structure in Florida, you need to know the:

• Definition of Trespass in a Structure
• Penalties for Trespass in a Structure
• Defenses to Trespass in a Structure

Definition of Trespass in a Structure

The crime of Trespass in a Structure can be committed in one of two ways:

1. Willfully entering or remaining in a structure without being authorized, licensed, or invited; or
2. Refusing to exit a structure after being asked by an owner or authorized agent, even though you were originally authorized, licensed, or invited to enter.

A structure is defined as a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.

Penalties for Trespass in a Structure

The crime of Trespass in a Structure is a Second Degree Misdemeanor in Florida, but can be enhanced to a First Degree Misdemeanor if the structure is occupied or a Third Degree Felony if the defendant is armed during the trespass.

If convicted of Trespass in a Structure, 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

In Florida, the penalties for Trespass in a Structure are enhanced if the structure was occupied or if the defendant was armed with a firearm or a dangerous weapon. These forms of Trespass in a Structure are referred to as:

• Trespass in an Occupied Structure
• Armed Trespass in a Structure

Trespass in an Occupied Structure

The crime of Trespass in an Occupied Structure is a First Degree Misdemeanor in Florida.

A structure is considered occupied if the owners or other occupants happen to be present when the trespass occurs.

If convicted of Trespass of an Occupied Structure, a judge can impose any combination of the following penalties:

• Up to twelve (12) months in jail.
• Up to twelve (12) months of probation.
• Up to $1,000 in fines.

Armed Trespass in a Structure

The crime of Armed Trespass in a Structure is a Third Degree Felony and is classified as a Level 3 Offense under Florida's Criminal Punishment Code.

A person is considered armed if they are in possession of a firearm or other dangerous weapon when the trespass occurs.

If convicted of Armed Trespass in a Structure, 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:

Stale or Overridden Warning

Where there is a structure that has multiple residents, such as an apartment building, a previous trespass warning cannot be the basis of a Trespass in a Structure charge if you are subsequently invited or allowed back in by a new resident or a person with greater authority.

Unenclosed Curtilage

To trespass on the curtilage of a structure, the curtilage must be enclosed. Where a defendant enters the unenclosed parking lot of a store, it cannot be considered the curtilage of the building for trespass purposes.

Lack of Intent

One of the elements necessary to support a conviction for Trespass in a Structure is the intent to unlawfully enter the structure. Usually this is proven by showing that a person entered stealthily.

But if a person can show they thought entry inside the structure was permissible, a conviction for Trespass in a Structure 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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