Port St. Lucie Trespass Law
Being charged with misdemeanor or felony trespass is a serious issue, and demands the immediate attention of an experienced Port St. Lucie criminal defense attorney. Whether you were unaware that you were trespassing or not, Florida state prosecutors will seek the maximum penalty, which could include large fines, community service, jail, and even prison.
Trespass in Structure or Conveyance—Such as Building, House, or Other Structure
To willfully enter a structure or conveyance without permission, or to remain after being asked by the owner or lessee, is the offense of trespass in a structure or conveyance under Florida statute 810.08. If the structure or conveyance was empty, this offense is a second degree misdemeanor, punishable by up to 60 days in jail and a fine of $500. If a person was in the structure or conveyance during the time of trespass or attempted trespass, the offenses is lifted to a first degree misdemeanor, punishable by up to one year in jail and a fine of $1,000. Lastly, if the defendant was armed with a firearm or other dangerous weapon, or armed themselves when they entered the structure or conveyance, the offense is a third degree felony, punishable by up to five years in prison and a fine of $5,000.
Trespass on Property Other Than a Structure or Conveyance—Such as Land
Willfully entering any property other than a structure or conveyance without permission, or remaining after being asked to leave, is the offense of trespass on property other than a structure or conveyance under Florida statute 810.09. This trespass offense is a first degree misdemeanor, punishable by up to a year in jail and a fine of $1,000. Littering on the property, opening a gate or door, or exposing animals on the property to danger, is a first degree misdemeanor. Being armed with a dangerous weapon, or arming oneself while trespassing, increases the offense to a third degree felony, punishable by up to five years in prison and a fine of $5,000.
Defense of Trespassing Charges
An attorney can help you beat the trespassing offense you have been charged with. There are a number of defenses to trespassing charges, including the following:
- The property was not clearly marked as Posted Land. No Trespassing Signs must be posted every 500 feet or less along the property and at each corner;
- The owner or lessee did not communicate with the defendant to leave the property;
- The defendant was invited onto the property;
- The defendant did not willfully enter or remain on the property;
- The defendant immediately left the property upon being asked;
- The request for the defendant to leave the property was withdrawn; and
Call Our Port St. Lucie Trespass Defense Lawyers Today
Trespassing is a serious offense. If you have been arrested or charged with trespassing, you need to speak with an experienced Port St. Lucie criminal attorney as soon as possible. Call Baginski Brandt & Brandt today at 772-466-0707 to schedule a free consultation with a lawyer at once.