Criminal trespass is generally considered to apply to individuals who unlawfully enter or remain on property that they know they are not allowed on. While criminal trespass is frequently classified as a misdemeanor offense, there are certain penalty enhancements that can result in felony charges.
There are several variables in a criminal trespass case that can affect level of consequences an alleged offender may face. The type of property an individual entered, the presence of another person inside the property, and possession of a firearm or some other type of weapon can all result in increased penalties.
Brooksville Criminal Trespass Lawyer
If you have been accused of criminal trespass in Hernando County, it is important to seek the help of an experienced property crime attorney as soon as possible. The Law Office of Ashley Aulls, P.A. represents clients facing criminal trespass charges in Brooksville and communities like Inverness, Floral City, and Crystal River.
Ashley Aulls can review your case during a initial consultation when you contact him at (352) 593-4115 or send a message online. Our Florida criminal trespass lawyer will provide a thorough, honest evaluation of your case, and can begin developing an aggressive, formidable defense.
Hernando County Criminal Trespass Overview
- Florida Criminal Trespass Charges
- Criminal Trespass Penalties in Hernando County
- Defenses to Criminal Trespass in Florida
Florida Criminal Trespass Charges
Under state law, there are essentially four types of trespass crimes in Florida:
- Trespass in structure or conveyance (Florida Statute § 810.08) — A structure is defined as being any kind of temporary or permanent building with a roof over it as well as any enclosed space surrounding such a building. You may be charged with this type of criminal trespass if you enter a structure or conveyance without being authorized, licensed, or invited. This type of criminal trespass also applies if you were originally authorized or invited to be in a structure or conveyance, but remained on the property after the owner asked you to leave.
- Trespass on property other than structure or conveyance (Florida Statute § 810.09) — You may be charged with criminal trespass for entering or remaining on any property other than a structure or conveyance in which to “notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation.”
- Trespass on school property with firearm or other weapon prohibited (Florida Statute § 810.095) — You can be charged with this offense if you trespass upon the public or nonpublic grounds or facility of any kindergarten, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school while possessing any firearm or other weapon defined in Florida Statute § 790.001(13).
- Trespass upon grounds or facilities of a school (Florida Statute § 810.097) — This charge applies if you enter or remain upon the campus or any other facility owned by any school but are a student currently under suspension or expulsion, or you do not have “legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property.”
Criminal Trespass Penalties in Hernando County
The consequences of a criminal trespass conviction depend on the specific charges against you. Trespass charges typically fall under one of three levels of offense:
- Second-degree misdemeanor — Applies to most Trespass in structure or conveyance charges. Offenders may be sentenced to a maximum of 60 days in jail and/or $500 in fines.
- First-degree misdemeanor — Applies to Trespass upon grounds or facilities of a school, Trespass on property other than structure or conveyance, or Trespass in structure or conveyance charges in which the offender was armed with a firearm or other weapon. Offenders may be sentenced to a maximum of one year in jail and/or $1,000 in fines.
- Third-degree felony — Applies to Trespass on school property with firearm or other weapon prohibited for trespassing or Trespass on property other than structure or conveyance with a firearm or other weapon. Offenders may be sentenced to a maximum of five years in prison and/or $5,000 in fines.
Defenses to Criminal Trespass in Florida
Trespassing cases can be extremely complex. There may have been a misunderstanding or other extenuating circumstances that can have a dramatic impact on the outcome of you case. Some possible criminal trespass defenses in Brooksville include, but are not limited to:
- The property in question was open to the public
- You did not know you were trespassing
- There was a lack of notice or the notice was not properly posted
- Your entry on to or remaining on the property was not willful
- You did not stay on the property after you were asked to leave
- You received either an express or implied invitation to enter or stay
- You received conflicting communication or a lack of communication as to whether you were invited
- The owner of the property withdrew his or her request for you to leave the property
- Factual or evidentiary disputes as to the alleged trespasser’s presence
- The alleged victim did not have the authority to deny your access
Find the Best Criminal Trespass Lawyer in Brooksville
You will want to have a capable criminal defense attorney representing you against any trespassing charges. The Law Office of Ashley Aulls, P.A. fights to protect the rights of clients from Hernando County as well as Pasco County, Citrus County, and Sumter County.
Contact Ashley Aulls at (352) 593-4115 or send a message online right now to set up a confidential consultation. He can review your case and work towards helping you achieve the most favorable possible outcome to your case.