Trespassing In Tampa

Trespassing In Tampa

Types of Trespassing Offenses in Tampa, Florida:

 

TRESPASSING IN TAMPA IN A CONVEYANCE

According to Florida law, conveyances are cars, motorcycles, boats, railroad cars, trailers, or aircraft.

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

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

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

Second, an accused can commit a trespass in a conveyance if they had permission to enter the conveyance, but then that permission was withdrawn and the accused refused to leave.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 conveyance.
  2. The owner or a person authorized by the owner warned the accused to depart.
  3. The accused refused to depart.

Maximum penalties for Trespassing in Florida in an Unoccupied Conveyance

If there are no other persons present in the conveyance 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 Trespassing in Florida in an Occupied Conveyance

If there are other persons present in the conveyance 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 Conveyance becomes a third degree felony punishable by up to five years in prison.

 

TRESPASSING IN TAMPA 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 trespassing in Florida in a structure.

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 Trespassing in Florida 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 Trespassing in Florida 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.

 

TRESPASSING IN TAMPA ON PROPERTY

To prove the crime of Trespass in Florida on Property, the prosecutor must prove the following four things:

  1. The accused willfully entered upon or remained on property.
  1. The property was owned by or in the lawful possession of another.
  1. Notice not to enter upon or remain in that property had been given by actual communication to the defendant, or posting, or fencing, or cultivation of the property.
  1. The accused’s entering or remaining in the property was without authorization or invitation.

Maximum penalties for Trespassing in Florida on Property

In Florida, Trespass on Property is a second-degree misdemeanor punishable by a maximum of:

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

However, there are a number of factors that can enhance a Trespass on Property to a Third Degree Felony.  For example, if the area in which the trespass takes place is a posted construction site, or if the accused possessed a dangerous weapon while trespassing, Trespass on Property becomes a third-degree felony punishable by up to five years in prison.

 

TRESPASSING IN FLORIDA ON SCHOOL GROUNDS

In Florida, to prove the crime of Trespass on School Grounds, the prosecutor must prove:

  1. The accused entered or remained on the campus of a school, and
  2. The accused:
    • Did not have any legitimate business on the campus or any other authorization to enter or remain upon school property; or
    • The accused was a student under suspension or expulsion at the time he or she entered or remained on the campus.

Maximum penalties for Trespassing in Florida on School Grounds

In Florida, Trespass on School Grounds is a second-degree misdemeanor punishable by a maximum of:

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

However, if the accused possesses a firearm or deadly weapon during the offense, Trespassing on School Grounds becomes a third degree felony punishable by up to five years in prison.

Are you looking for the best Trespass Defense lawyer in Tampa Florida? Contact Attorney David C. Hardy.

Tampa Criminal Defense Attorney David C. Hardy is a former prosecutor that now represents persons accused of Trespassing.  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 all types of trespassing cases.

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