Trespass Attorney in Miami, FL

If you or a loved one has been arrested for a trespass charge in Florida, it is critical to consult with an experienced Miami trespass lawyer as soon as possible to ensure that your rights are protected. You need the counsel of a criminal lawyer who has experience defending Florida trespass statute cases to maximize your chances of avoiding a criminal record and resolving your case with a favorable outcome.

What is Trespass?

The crime of trespass is a common misdemeanor offense, although, under limited circumstances, it may be charged as a felony. You commit a trespass when you go onto someone’s property or enter their home/building/motor vehicle/boat without permission or, after having permission, refuse to leave. One of the most common scenarios for trespassing offenses is when a patron is attempting to enter (or re-enter) an establishment, usually a nightclub, and a bouncer or off-duty police officer takes exception. Most people facing a trespass arrest in this situation feel that they have done nothing wrong and that the bouncer or police officer treated them unfairly. It is not uncommon for this criminal charge to be accompanied by a disorderly conduct or resisting without violence charge.

Trespass in a Structure or Conveyance

The first category of trespass under Florida law is trespass in a structure or conveyance, governed by Section 810.08 of the statutes. To be convicted under this section, the state must prove:

  • The defendant willfully entered or remained in a structure or conveyance or, having been authorized, licensed, or invited, refused to depart after warning by the owner or authorized person.
  • The structure or conveyance was in the lawful possession of another person at the time.

“Structure or conveyance” is defined similarly to how it is for burglary charges and includes things like houses, buildings, vehicles, aircraft, watercraft, or railroad cars. The property can be privately owned or a quasi-public place like a shopping mall or hospital that is open to the public but retains the right to restrict access.

The entry or remaining must be done “willfully,” meaning intentionally, knowingly, or purposely. Permission to enter may be express or implied from the circumstances. For example, signs restricting access or a reasonable person believing they did not have permission from the owner would show the entry was unauthorized.

This is generally a second-degree misdemeanor but can become a first-degree misdemeanor if someone else is inside the structure or conveyance. It rises to a third-degree felony if the trespasser becomes armed with a dangerous weapon during the trespass.

Trespass on Property Other Than a Structure or Conveyance

The second trespass crime is trespass on property other than a structure or conveyance, covered under Section 810.09. For the state to prove trespass under this statute, the main elements are:

  • The defendant willfully entered or remained on property other than a structure or conveyance owned by or in lawful possession of another.
  • The defendant had been given notice not to enter or remain via communication, posting, fencing, or cultivation.

Alternatively, the state can show the defendant entered or remained on the unenclosed curtilage of a dwelling with intent to commit a crime there.

The property can include open lands, yards, grounds, lakes, ponds, waterways, beaches, or other unenclosed areas. Notice not to enter can be given by the owner, agent, community association, or law enforcement authorized in writing by the owner. Signs, fencing, and cultivating land can also serve as constructive notice against trespass.

This is generally a first-degree misdemeanor. It rises to a third-degree felony if the trespasser becomes armed with a dangerous weapon, if certain types of posted property are trespassed, or when illegally shooting at animals across private lands.

Trespass on School Grounds

The third category of trespass is trespass on school grounds or facilities, covered under Section 810.095. The main elements the state must prove are:

  • The defendant entered or remained on the grounds of any school or school facility.
  • The defendant did not have legitimate business for being there or authorization to be there.

Alternatively, the state can show the defendant was directed to leave by the principal or principal’s designee and refused.

The crime covers trespassing on the property of any public or private K-12 school. Legitimate reasons to be on school grounds include school operations like obtaining records or participating in approved activities. Students who are suspended or expelled without authorization to be on campus can also be charged with trespass.

This is generally a first or second-degree misdemeanor, depending on the circumstances. It rises to a third-degree felony if the trespasser becomes armed with a dangerous weapon.

What is the Punishment for Trespass?

Although there are certain circumstances where a prosecutor can file a trespass as a felony charge, most types of trespass are either first-degree misdemeanors or second-degree misdemeanors. If you are convicted of the second-degree misdemeanor of trespassing in an unoccupied structure or conveyance, for example, the maximum punishment you can face would be:

  • A county jail sentence of up to 60 days in jail (2 months in jail)
  • A fine up to $500
  • Up to six (6) months of probation

Under certain circumstances, trespass can be a first-degree misdemeanor criminal offense, in which case the maximum punishment would be:

  • A county jail sentence of up to 364 days in jail (12 months in jail)
  • A fine up to $1000
  • Up to one year of probation

Trespass can be charged as a third-degree felony if you are armed at the time you commit the trespass or if you trespass on a construction site or certain agricultural and horticultural sites. The maximum punishment, in this case, would be five (5) years in state prison.

Common Defenses To The Florida Trespass Statute

  • You never actually entered the property or refused to leave
  • You weren’t told to leave
  • You entered someone’s property by mistake (lack of intent)
  • Permission
  • The person who told you to leave or that you couldn’t come onto the property wasn’t authorized to speak for the owner
  • Lack of notice
  • Justification/Necessity
  • Although you were told to leave or that you couldn’t enter, a different person initially gave you permission

An experienced criminal defense lawyer can analyze your case to determine your best legal defense.

Contact an Experienced Miami Trespass Attorney

If you or a loved one have been accused of criminal trespass in Miami, we can help. Our lawyers have extensive experience representing clients facing trespassing charges throughout Miami and understand how to build a strong defense in these cases. We will thoroughly examine the evidence against you, advise you of your rights, and aggressively defend you at every stage of the process. Many trespassing charges can be reduced or even dismissed with an experienced defense lawyer on your side. Don’t leave the outcome to chance. Contact us today for a free consultation and case evaluation. Our knowledgeable trespassing defense lawyers are here to help you fight the charges and protect your future.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545,  or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

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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.