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Trespass in a Conveyance

Trespass in a Conveyance in Florida

Florida Statute §810.08(1), states that a person may be charged with this crime if they willfully enter or continue to remain in a form of conveyance without the permission, license, authorization, or invitation of the owner, or refuses to exit the conveyance despite the authorized agent or owner requesting them to do so.

A sleeping car, aircraft, trailer, railroad car or vehicle, vessel, ship, or motor vehicle all come under the definition of conveyance. Bicycles are not considered conveyance for the purposes of this law.

Offense Enhancements

This crime may be enhanced further in case the defendant had been armed with dangerous weapons or firearms or if said conveyance had been occupied.

Armed Trespass In A Conveyance

Trespass in an Occupied Conveyance 

Specific Penalties

This offense is considered to be a Misdemeanor of the Second Degree within the state of Florida. The court may impose any of these following penalties in any combination:

Fine not exceeding $500

Probation period not exceeding 6 months

Imprisonment sentence not exceeding 60 days 

Trespass in an Occupied Conveyance

This offense is a Misdemeanor of the First Degree within the state of Florida. Conveyances are considered occupied if an occupant or owner has been present inside the conveyance during the occurrence of the trespassing incident.

The court may impose any of these following penalties in any combination:

Fine not exceeding $1000

Probation period not exceeding 12 months

Imprisonment sentence not exceeding 12 months 

Trespass in an Occupied Conveyance

This offense is a felony of the third degree within the State of Florida. Conveyances are to be considered occupied if an occupant or owner has been present inside the conveyance during the occurrence of the trespass.

The court may impose any of these following penalties in any combination:

Fine not exceeding $5000

Probation period not exceeding 5 years

Imprisonment sentence not exceeding 5 years 

Specific Defenses

Lack of intent

In order to convict a person successfully under this crime, the prosecution must prove that the defendant had the intention of unlawfully entering the conveyance in question.

This is usually proven by showing how the defendant had entered the conveyance stealthily or was aware of the illegal nature of their entry into the conveyance. However, if the accused is able to prove that they were unaware of the conveyance's status, the defendant cannot be booked under this charge, since there are not considered to have sufficient intent.

Contact Criminal Defense Lawyer Larry Avallone

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

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