Trespass in a Structure

Trespass in a Structure

Trespass in a Structure

According to Florida law, a structure means a building that has a roof over it, and the enclosed space of ground immediately surrounding that structure.

There are two ways for a person to commit a trespass in a structure in Florida.

First, an accused can commit a trespass in a structure if they enter another’s structure without permission.  In that case, the prosecutor must prove the following:

  1. The accused willfully entered or remained in a structure.
  2. The structure was in the lawful possession of another.
  3. The accused entered the structure without authorization.

Second, an accused can commit a trespass in a structure if they had permission to enter the structure, but then that permission was withdrawn and the accused refused to leave.  In that case, the prosecutor must prove the following:

  1. The accused had been authorized to enter a structure.
  2. The owner or a person authorized by the owner warned the accused to depart.
  3. The accused refused to depart.

Maximum penalties for Trespass in an Unoccupied Structure
If there are no other persons present in the structure at the time of the trespass, the offense is a second-degree misdemeanor punishable by a maximum of

  1. 60 days in jail
  2. 6 months of probation
  3. $500 fine

Maximum penalties for Trespass in an Occupied Structure
If there are other persons present in the structure at the time of the trespass, the offense is a first-degree misdemeanor punishable by a maximum of

  1. 12 months in jail
  2. 12 months of probation
  3. $1,000 fine

However, if the accused possessed a dangerous weapon during the offense, Trespassing in a Structure becomes a third degree felony punishable by up to five years in prison.

Are you looking for the best criminal defense lawyer in Tampa Florida to represent you in a Trespass In a Structure charge?

Tampa Attorney David C. Hardy is a former prosecutor that now represents persons accused of Trespass In a Structure.  He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling Trespass charges.

If you or a loved one has been arrested for Trespass in a Structure in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, Attorney David C. Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.