Understanding Trespass Laws and Defending Against Charges in Florida under Florida Statutes § 810.09
Subtitle: Understanding Trespass Laws and Defending Against Charges in Florida
Trespass on property other than a structure or conveyance is one of the most common trespassing offenses in Florida. Many people don’t realize how easily an innocent mistake or misunderstanding can result in a criminal charge under Florida Statutes § 810.09. Whether it involves vacant land, fenced areas, or private property clearly marked with "No Trespassing" signs, this charge carries serious consequences. Let’s discuss what this law covers, the penalties you might face, and how we can help protect your rights.
What is Trespass on Property Other Than Structure or Conveyance?
Under Florida Statutes § 810.09, this offense occurs when someone willfully enters or remains on property without authorization, license, or invitation. Importantly, this type of trespass applies to land or property that isn’t classified as a building (structure) or a vehicle (conveyance).
To be charged with this type of trespass, the following elements must be proven:
- You entered or remained on property without permission.
- The property owner, tenant, or authorized individual communicated that you were not allowed to be there. This can include verbal warnings, signage, or fences designed to keep people out.
- Your entry or continued presence was willful, meaning it wasn’t accidental or unintentional.
Examples of Trespass Under Florida Law
Trespass on property other than structure or conveyance can occur in many scenarios. Here are a few common examples:
- Walking onto private property marked with “No Trespassing” signs.
- Entering a fenced area, such as farmland or a storage yard, without permission.
- Remaining on vacant land after being told to leave by the owner or a law enforcement officer.
Even if the property isn’t fenced or marked with signage, a verbal warning from the owner is enough to trigger a trespass charge if you refuse to leave.
Penalties for Trespass on Property Other Than Structure or Conveyance
The penalties for this offense depend on whether certain aggravating factors are present. In most cases, trespass is charged as a second-degree misdemeanor, which carries:
- Up to 60 days in jail.
- A fine of up to $500.
- Up to 6 months of probation.
However, trespass can escalate to a first-degree misdemeanor under certain circumstances. For example:
- If the property is legally enclosed or marked with signage and you ignore it.
- If you are armed with a weapon or firearm during the trespass.
A first-degree misdemeanor can result in:
- Up to 1 year in jail.
- A fine of up to $1,000.
- Up to 1 year of probation.
In rare cases, trespass charges can escalate to a felony. For instance, if you trespass on critical infrastructure like power plants or water treatment facilities, you could face a felony charge with much harsher penalties.
Common Defenses to Trespass Charges
Trespass charges are often based on misunderstandings or miscommunications, which makes defending against them possible. Here are some common defenses we may explore in your case:
Lack of Notice
One of the key elements of trespass is notice. If the property wasn’t fenced, marked with “No Trespassing” signs, or otherwise restricted, you might not have known you were trespassing. Without clear notice, the charges may not hold up in court.
Lack of Intent
Trespass requires willful entry or continued presence. If you accidentally wandered onto the property or misunderstood its boundaries, we can argue that you had no intent to trespass.
Authorization or Invitation
If you were given permission to be on the property by the owner or an authorized individual, the charges may be dismissed. This can include situations where permission was revoked but not communicated to you.
Ownership Disputes
Disputes over property ownership or boundaries can lead to wrongful trespass charges. If the property lines are unclear or contested, it’s possible the prosecution cannot prove you were trespassing.
Self-Defense or Necessity
In rare situations, you may have entered the property to protect yourself from harm or to address an emergency. For example, if you were fleeing from a dangerous situation, this could be a valid defense.
The Importance of Acting Quickly After a Trespass Charge
If you’ve been charged with trespass on property other than structure or conveyance, it’s essential to act quickly to protect your rights. Even a misdemeanor conviction can have long-term consequences, including difficulty finding employment or housing. The earlier we get involved in your case, the better your chances of resolving it favorably.
How a Trespass Conviction Can Affect You
While the penalties for trespass may seem minor compared to other crimes, the impact of a conviction can extend beyond fines and jail time. Here are some ways it could affect your life:
- Permanent Criminal Record: A conviction will stay on your record, which can be seen by employers, landlords, and licensing boards.
- Employment Issues: Certain jobs, particularly those requiring background checks, may be harder to obtain with a trespass conviction.
- Immigration Consequences: For non-citizens, even a misdemeanor conviction can impact your immigration status.
- Civil Liability: If property damage occurred during the trespass, you could face additional civil lawsuits from the property owner.
How We Can Help You Fight a Trespass Charge
Facing a trespass charge can be stressful, but you don’t have to go through it alone. We understand Florida’s trespass laws and how to build a strong defense tailored to your case. Whether it involves challenging the evidence, negotiating with prosecutors, or fighting for your rights in court, we’ll work to minimize the impact of these charges on your life.
Florida Trespassing Laws Under Florida Statutes § 810.09 FAQs
What is considered trespass on property other than structure or conveyance in Florida?
This type of trespass occurs when someone enters or remains on another person’s property without permission. The property can include vacant land, fenced areas, or land marked with “No Trespassing” signs.
Do I have to leave immediately if asked to leave someone’s property?
Yes. If the property owner, tenant, or an authorized individual asks you to leave, you must comply immediately. Failing to do so can result in a trespass charge under Florida law.
Can I be charged with trespass if I didn’t see a “No Trespassing” sign?
Possibly. While clear signage or fencing is typically required, verbal warnings or other indications can also establish that you were not authorized to be on the property.
What happens if I’m caught trespassing on fenced property?
If the property is fenced or clearly marked as private, the charges may be elevated to a first-degree misdemeanor, which carries more severe penalties, including up to one year in jail and a $1,000 fine.
Can I fight trespass charges if I was invited onto the property?
Yes. If you were invited or given permission to enter the property, even temporarily, this can be a strong defense. The prosecution must prove that you entered or remained on the property without authorization.
What should I do if I’ve been accused of trespassing in Florida?
Contact an experienced criminal defense attorney immediately. Trespass charges may seem minor, but a conviction can have long-term consequences. An attorney can help you understand your rights and options for fighting the charges.
Is trespass always charged as a misdemeanor in Florida?
No. While most trespass charges are misdemeanors, certain situations—such as trespassing on critical infrastructure—can result in felony charges with more severe penalties.
Can a property dispute result in trespass charges?
Yes. If there is a dispute over property lines or ownership, you could be accused of trespassing. However, such disputes often provide a valid defense against the charges.
What is the difference between trespass and burglary in Florida?
Trespass involves entering or remaining on property without permission, while burglary involves entering a structure or conveyance with the intent to commit a crime inside. Burglary carries much harsher penalties.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.