Trespass in Florida
Florida Statute §810.08 / §810.09 | Classification: Second-Degree Misdemeanor to Third-Degree Felony (if armed)
What Is This Charge?
Trespass in Florida involves entering or remaining in a structure, conveyance, or on property without authorization or after being warned to leave. Florida law distinguishes between trespass in a structure and trespass on property.
Penalties & Fines
-
Trespass in unoccupied structure: Second-Degree Misdemeanor — up to 60 days jail, $500 fine
-
Trespass in occupied structure: First-Degree Misdemeanor — up to 1 year jail, $1,000 fine
-
Trespass on property after warning: First-Degree Misdemeanor — up to 1 year jail, $1,000 fine
-
Trespass while armed with a firearm or dangerous weapon: Third-Degree Felony — up to 5 years, $5,000 fine
-
Trespass on school property with a firearm: Second-Degree Felony — up to 15 years
Additional Consequences
-
Permanent criminal record
-
Civil liability to the property owner
-
Possible no-trespass orders from the property
-
Immigration consequences for non-citizens
Possible Defenses
-
You had permission (express or implied) to be on the property
-
You were not given proper notice to leave or stay out
-
You had a legitimate business or legal purpose for being present
-
You left immediately upon being asked
-
Mistaken identity
Why You Need a Defense Attorney
Trespass charges frequently involve disputes over whether proper notice was given, whether the person had implicit permission, or whether they were truly unwelcome. An attorney can challenge the adequacy of the warning, your belief in your right to be present, and the circumstances surrounding the alleged trespass.
Call today for a free consultation: (813) 888-8888 | Email: [email protected]
Serving Hillsborough, Pinellas, Pasco, and Polk Counties. Virtual consultations available.