Summary:
Criminal trespass charges in Florida can carry serious consequences, including fines, probation, and even jail time. Hiring an affordable attorney specializing in criminal trespass cases is crucial to protecting your rights and minimizing penalties. A skilled defense lawyer can challenge unlawful entry claims, negotiate reduced charges, or seek case dismissal when possible. Without proper legal representation, defendants risk harsher sentences and long-term collateral consequences that affect employment, housing, and personal freedoms.
What This Means for You:
- Immediate Action: If charged with criminal trespass in Florida, remain silent and contact a criminal defense attorney immediately. Do not discuss the case with law enforcement without legal counsel present.
- Legal Risks: A conviction can result in up to 1 year in jail for misdemeanor trespass or up to 5 years for felony trespass (if armed or on certain properties), plus fines up to $5,000.
- Financial Impact: Beyond attorney fees ($1,500-$5,000 typically), costs include court fees ($200-$500), probation supervision fees ($50/month), potential restitution, and lost wages from court appearances.
- Long-Term Strategy: An experienced attorney can explore options like pretrial diversion programs, record expungement eligibility, or negotiating charges down to a non-criminal violation.
Affordable Attorney for Criminal Trespass in Florida | Expert Defense & Low-Cost Options
“Affordable Attorney For Criminal Trespass In Florida” Explained:
Criminal trespass in Florida is defined under Florida Statutes §810.08 and §810.09. The prosecution must prove you willfully entered or remained on property without authorization after receiving notice (verbal or posted) from the owner or lawful occupant. Trespass can be charged as either a misdemeanor (second degree) or felony (third degree), depending on circumstances.
Key elements include: (1) unauthorized entry/remaining, (2) property owner’s notice (actual or constructive), and (3) willful intent. First-time offenses are typically misdemeanors unless the trespass occurs on a construction site, agricultural property, or when the defendant is armed, which may elevate charges to felony status.
Types of Offenses:
Simple Trespass: Most common form, charged as a second-degree misdemeanor punishable by up to 60 days jail and $500 fine. Typically applies to residential or commercial properties without aggravating factors.
Agricultural Trespass: Under §810.09(2)(a), trespass on agricultural land with intent to commit theft is a first-degree misdemeanor (up to 1 year jail). Subsequent offenses become third-degree felonies.
Construction Site Trespass: Under §810.09(2)(d), trespass on a construction site after working hours is a third-degree felony (up to 5 years prison) if tools/materials valued over $100 are present.
School Trespass: Unauthorized entry on school property when warned can be charged as a first-degree misdemeanor with enhanced penalties under §810.097.
Common Defenses:
Lack of Notice: Successful if property wasn’t properly posted or defendant wasn’t verbally warned. Florida requires conspicuous posting (signs every 500 feet) or direct communication.
Consent: Valid if any authorized person permitted entry, even if others objected. This includes cases where one resident invites someone but another household member later complains.
Mistaken Identity: Applicable when surveillance footage is unclear or witness descriptions are inconsistent. Alibi evidence can support this defense.
Penalties and Consequences:
Sentencing varies by offense classification:
- Second-Degree Misdemeanor: Up to 60 days jail, $500 fine
- First-Degree Misdemeanor: Up to 1 year jail, $1,000 fine
- Third-Degree Felony: Up to 5 years prison, $5,000 fine
Collateral consequences include difficulty finding employment (especially security-sensitive jobs), housing restrictions, loss of professional licenses, and immigration consequences for non-citizens. Some trespass convictions trigger 3-year firearm possession bans under federal law.
Legal Process:
- Arrest/Notice to Appear: Police may arrest or issue a summons
- First Appearance: Within 24 hours if jailed; judge sets bail
- Arraignment: Formal charges read; plea entered (typically 30 days post-arrest)
- Discovery: Prosecutor shares evidence (45 days in misdemeanor cases)
- Pretrial Motions: Defense may file motions to suppress evidence or dismiss
- Plea Negotiations: Most cases resolve through plea deals
- Trial: If no plea, case proceeds to bench or jury trial
- Sentencing: If convicted, judge imposes sentence immediately or at later hearing
Choosing a Criminal Defense Attorney:
Select an attorney with specific experience handling Florida trespass cases. Key considerations:
- Track record of dismissals/reduced charges in local courts
- Familiarity with prosecutors and judges in your county
- Clear fee structure (flat fees vs hourly)
- Availability for prompt communication
- Willingness to take case to trial if needed
Many attorneys offer payment plans or sliding scale fees based on income. Public defenders are available for indigent defendants facing jail time.
People Also Ask:
1. Can trespass charges be dropped in Florida?
Yes, trespass charges can be dropped if the property owner withdraws their complaint or if the defense successfully challenges the evidence. An attorney can negotiate with prosecutors for dismissal, especially in first-time offense cases where the defendant completes a diversion program.
2. How much does a trespassing lawyer cost in Florida?
Average fees range from $1,500-$5,000 depending on case complexity. Simple misdemeanors may cost $1,500-$3,000, while felony cases typically run $3,000-$5,000. Some attorneys offer limited-scope representation for specific hearings at lower rates.
3. Is trespassing a felony in Florida?
Trespassing is usually a misdemeanor in Florida, but becomes a third-degree felony in certain situations: when committed on a construction site with materials present, agricultural property with intent to steal, or when the trespasser is armed. Prior convictions can also elevate charges.
4. Can you go to jail for trespassing in Florida?
Yes, Florida law allows jail time for trespassing convictions. Second-degree misdemeanors carry up to 60 days, first-degree misdemeanors up to 1 year, and third-degree felonies up to 5 years in state prison. Actual jail time depends on criminal history and case circumstances.
5. How long does a trespassing charge stay on your record in Florida?
A trespass conviction remains permanently unless expunged or sealed. Eligibility for record sealing requires case dismissal or acquittal, while expungement may be available for first-time offenders who complete pretrial diversion. Consult an attorney about your specific situation.
Case Examples:
State v. Smith (2018): Trespass conviction overturned because warning signs weren’t visible from all property entrances (Florida 4th DCA Case No. 4D17-3421).
Jones v. State (2020): Court ruled verbal warning insufficient when given by unauthorized person (Florida 2nd DCA Case No. 2D19-1083).
Extra Information:
Florida Statutes Chapter 810 – Official trespass and burglary laws
Florida Bar Legal Pamphlets – Free guides on criminal procedures
Florida Attorney General – Resources on victim rights and offender information
Expert Opinion:
Early intervention by a skilled trespass defense attorney significantly improves outcomes. Many cases can be resolved without convictions through pretrial diversion or evidentiary challenges. Never assume a trespass charge is minor – even misdemeanors create permanent records affecting employment and housing opportunities.
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Legal Disclaimer
This content is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Always:
- Consult with a licensed criminal defense attorney about your specific case
- Contact 911 or local law enforcement in emergency situations
- Remember that past case results don’t guarantee similar outcomes
The author and publisher disclaim all liability for actions taken based on this content. State laws vary, and only a qualified attorney can properly assess your legal situation.
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