Free Case Evaluation (386)-682-9235

Trespass in a Structure

Trespass in a Structure in Florida

Florida Statute §810.08 states that a person may be charged with this crime if:

He or she enters a structure without any invitation, license, or authorization; or

Does not exit a building or a structure in spite of repeated requests by the authorized agent or owner to leave. This is applicable even if the person had been originally invited, licensed, or authorized to enter the structure.

Any permanent or temporary building that has a solid roof and corresponding curtilage come under the definition of a structure.

Offense Aggravations

The penalties associated with this crime may be enhanced in case the structure had already been occupied or in case the defendant had been armed with dangerous weapons or firearms.

Armed Trespass in a Structure

Trespass in an Occupied Structure

Applicable Penalties

This offense is 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 60 days

Imprisonment sentence not exceeding 60 days 

Trespass in an Occupied Structure

This offense is a Misdemeanor of the First Degree within the state of Florida. 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 

Armed Trespass in a Structure

This offense is a Misdemeanor of the First Degree within the state of Florida. The defendant may be charged with this offense if they possess dangerous weapons or firearms during the trespassing incident. 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 

Applicable Specific Defenses

Overridden or stale warning

If the structure in question has two or more residents, like an apartment, previous trespass warnings cannot be produced as evidence of the defendant having committed this crime if they were subsequently allowed back or invited by another resident or someone else with much greater authority over the structure.

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 structure in question.

This is usually proven by showing how the defendant had entered the structure stealthily or was aware of the illegal nature of their entry into the conveyance. However, if the defendant is able to prove that they were unaware of the illegal nature of their entry, the defendant cannot be convicted 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.

Menu