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Trespass

Trespassing in Florida

Under Florida's statutes, trespassing may be of four types:

Trespass in a Conveyance

Trespass in a Structure

Trespass on School Grounds

Trespass on Property 

Definition

Chapter §810 of Florida Statutes states that a person may be charged with this crime if they willfully enter or remain on some kind of real, tangible property without proper invitation, license, or authorization; or returns back or ignores prior warnings to stay away from the aforementioned property.

Applicable Penalties

A person's penalties under this crime may vary, depending on the kind of trespass charge that he has been charged with by law enforcement:

Trespass in A Conveyance

Trespass in A Structure

Trespass on School Grounds

Trespass on Property 

Applicable Specific Defenses

Consent

If you had the consent to enter the premises, that is a credible defense against the charge and can get the Trespass charge dismissed. The defense is obligated to provide evidence regarding consent if it exists. However, if it has been successfully proven that the defendant had consent, the prosecutor has to disprove this evidence beyond reasonable doubt or face dismissal of charges.

The question of consent comes into play if they are multiple owners or people who have authority over this property. Even if anyone of them had consented for the defendant to use or enter the premises, the charges against the defendant are to be dismissed.

Open to the Public

In case the establishment had been “open to the public”, any person who entered the premises has entered a place of business consensually and cannot be convicted under this charge, regardless of what the defendant's true intentions were. Therefore, in such a situation, the defendant is allowed to stay inside unless the prosecution can produce concrete evidence that this consent had been withdrawn. Therefore, any person who is charged under a crime like a robbery or theft cannot be charged with Trespass, as per the provisions of this law. 

Contact Criminal Defense Lawyer Larry Avallone

If you've been charged or arrested in Volusia County, contact Larry Avallone, who is an expert Criminal Defense Lawyer. My consultation is free. I am ready to provide legal advice regarding the next steps in your case.

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