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Trespass Helping Good People Through Difficult Situations

St. Petersburg Trespass Defense Attorney

Trespass Generally

Trespass is a lesser included offense of burglary. As indicated above, what separates a burglary from a trespass in Florida is that the former requires proof of intent to commit a crime at the time unlawful entry is made into a dwelling, structure, or conveyance, whereas the latter does not. Trespass in a structure (such as a detached garage or shed) or in a conveyance (a car or boat) constitutes a misdemeanor of the second degree. A second degree misdemeanor is punishable by up to sixty days in jail and/or six months of probation (the total sentence cannot exceed six months). Trespass on property other than a structure or conveyance, such as the unenclosed cartilage of a dwelling is a misdemeanor of the first degree. A first degree misdemeanor is punishable by up to a year in jail and/or a year of probation (the total sentence cannot exceed one year). If, in either instance, the accused person is armed with a firearm or other dangerous weapon, or becomes armed, the offense is a third degree felony. A third degree felony is punishable by up to five years in state prison.

A person may also be prosecuted for a third degree felony if the property trespassed upon is any one of the following: (1) a construction site; (2) commercial property for horticultural products; (3) a designated agricultural site for testing and research purposes; (4) a domestic violence center; or (5) a designated agricultural chemicals manufacturing facility. Specific warnings must be posted by the owner as a condition precedent to felony prosecution under any of the foregoing circumstances.

Florida has also enacted trespass laws that are specific to schools. Trespassing on school property, by a person with no legitimate business, or a student under suspension or expulsion, is a second degree misdemeanor. If the person has been warned by the principal and either enters or remains on school property, the offense is a first degree misdemeanor. It is a felony of the third degree if the person is in possession of a firearm or a weapon at the time the crime is committed. This section details each of the trespassing crimes recognized in Florida, including the specific conduct proscribed, posting requirements by the owner, and the elements of each offense which the state must prove beyond a reasonable doubt. Specific questions should be directed to an experienced St. Petersburg criminal defense lawyer.

Applicable Florida Statutes

The following is a list of the various trespass statutes in the state of Florida, including the degree of offense:

  • Florida statute section section 810.08 (trespass in a structure or conveyance):

(1) Whoever, without being authorized,licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance. 

(2)(a) Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor the second degree, punishable as provided in s. 775.082 or s. 775.083. (b) If there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass,or was in the structure or conveyance, the trespass in a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or 775.083. (c) If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance, the trespass in a structure or conveyance is a third degree felony, punishable as provided in s. 775.082, s. 775.083 or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and he or she reasonably believes that the person to be taken into custody and detained has committed or is committing the violation. In the event a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention of such person, if done in compliance with the requirements of this paragraph, shall not render such person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

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