Criminal Trespass

The act of criminal trespassing can include many different situations and scenarios. In its most basic sense, trespassing is unlawfully entering or staying on a property of another when you are warned that you presence is not allowed. A charge such as this may come with complications during the trial process because of the fact that the law requires that the alleged offender knew that it was illegal to enter the property. A failure to put the offender on notice can hurt that prosecutions ability to prove wrongdoing.

Although the law can be read in a way that makes it difficult to prosecute trespassing cases other than the most blatant and obvious examples, it is still vital that you have a criminal defense attorney representing you in order to effectively convey that you were not intentionally breaking any laws.

For a charge such as this, a criminal defense attorney can make all the difference in the outcome. A quality attorney will get to the heart of the issue and disprove the allegations against you in a timely and productive manner, allowing you to beat the charges and move on with your life.

William Roelke, the founder of Roelke Law, P.A., is a Florida attorney that has years of previous experience representing many individuals accused of criminal trespassing. He will use the lessons he learned through this casework to develop a defense strategy that gives you every opportunity to refute the accusations and clear your name.

To schedule a free and confidential consultation with William Roelke, call (904) 354-0333 or send an online message. William proudly represents individuals throughout Northeastern Florida, including the cities of Jacksonville, Neptune Beach, Baldwin, St. Augustine, Keystone Heights, Fernandina Beach and Hilliard, among many others.

Florida discusses laws concerning criminal trespassing in Chapter 810 of the Florida Statutes. There are four different ways in which you can be charged with this offense:

1. Trespass in Structure or Conveyance – Fla. Stat. §810.08 states that whoever, without being authorized, licensed or invited, willfully enters or remains in any structure or conveyance (building or vehicle)…or having been authorized or invited, is warned by the owner or lessee of the premises to depart, and refuses to do so, commits the offense of criminal trespass. This is considered a misdemeanor of the second degree and comes with a presumptive sentence of up to 60 days in jail and / or up to $500 in fines. If there was offender is armed with a firearm or other dangerous weapon, or arms himself or herself while in the structure or conveyance, it is considered a felony of the third degree and comes with a presumptive sentence of up to 5 years in prison and / or up to $5,000 in fines.
2. Trespass on Property other than a Structure or Conveyance – Fla. Stat. §810.09 states that a person who, without being authorized, licensed or invited, willfully enters upon or remains in any property other than a structure or conveyance as to which notice against entering is given, either by actual communication or by posting or fencing, is considered guilty of criminal trespassing. This offense will come with a misdemeanor of the first degree, which has a presumptive sentence of up to 1 year in jail and / or fines of up to $1,000. If the offender is armed with a dangerous weapon the charge will be increased to a felony of the third degree.
3. Trespass upon Grounds or Facilities of a School – Fla. Stat. §810.097 states that any person who does not have legitimate business on the campus, or is a student currently under suspension or expulsion, and enters or remains upon the campus or any other facility owned by any such school commits criminal trespass and will be charged with a misdemeanor of the first degree. This charge comes with a presumptive sentence of up to one year in jail and / or fines of up to $500.
4. Trespass on School Property with Firearm – According to §810.095, it is a felony of the third degree for a person who is trespassing upon school property to bring onto, or to possess on, such school property any weapon. The presumptive sentence is up to 5 years in prison and / or fines of up to $5,000.

It must be repeatedly noted that Florida law states that a mistaken trespass is not a criminal trespass until the warning to depart occurs. After the warning, if you refuse to leave then you may be charged with the offense.

If you or a loved one has been charged with criminal trespass in Florida, no time should be wasted on hiring a criminal defense attorney who can take control of your case and effectively argues on your behalf. With all the factors involved in a criminal trespass case, a strong lawyer can deconstruct the allegations and find productive way in which to disprove the main tenants of the claim.

William Roelke, of Roelke Law, P.A., is an attorney who efficiently combines his knowledge of Florida law with an articulate and straightforward approach to representation to pursue favorable resolutions. This includes case dismissal and not guilty verdicts and other options.

To schedule a risk-free consultation, call (904) 354-0333 or send an online message today. William Roelke proudly represents individuals throughout Duval County, St. Johns County, Clay County and Nassau County.