Trespassing
Fighting for Clients In Deland, Daytona Beach and Throughout Central Florida
If you have ever gone for a hike or a walk and passed a gate on someone’s property, you have probably seen a big yellow sign that says “NO TRESPASSING.” While these daunting signs tell us to stay out, what actually constitutes trespassing?
Trespassing, as defined by Florida statute, is when someone who is not authorized or invited, enters or remains in a structure or conveyance. Even if you have been invited into someone’s home or onto their property, the owner or legal occupant of that dwelling can actually revoke their invitation. Suppose you are with a friend at their house, after they asked you to come over. Something comes up and they ask you to leave. If you refuse to leave, and stay on the premises after being asked to remove yourself, you can be arrested for trespassing.
If you are arrested for trespassing, what should you be aware of? First, you need to be aware of the level of crime that you are being accused of. Like most crimes, there are levels of severity to trespassing.
Have you been charged with a crime in Central Florida? With offices conveniently located in DeLand and Daytona Beach, our team can defend you against your criminal charges.
Trespassing in a Structure of Conveyance – No Person Present
If you are arrested for trespassing in a situation where you are in a structure or conveyance or remain in one after being asked to leave, you are facing a misdemeanor in the second degree, punishable by up to 60 days in jail and a $500 fine.
Trespassing in a Structure of Conveyance – Person Present
If you are arrested for trespassing when there was a person in the structure or conveyance at the time of the trespass, you will be facing a misdemeanor in the first degree, which is punishable by up to one year in jail and a $1,000 fine.
Trespass in a Structure of Conveyance – While Armed
If you are armed during the time of the trespass or become armed while inside the structure or conveyance, you will be facing a felony in the 3rd degree, punishable by up to five years in prison and a $5,000 fine.
A structure or conveyance is an area that is not considered a dwelling, or a home. Examples of structures and conveyances is fenced property, a detached shed, a vehicle. Things to consider: reaching into someone’s vehicle can be considered a trespass, or reaching into the bed of someone’s truck.
If you are accused of trespass while armed, this turns into a felony. Something to consider is that you do not need to be armed when you enter the property. If you arm yourself while on the property, or inside the conveyance, you can be prosecuted under this statute.
These are serious consequences that leave lasting impacts on people’s lives. If you have been arrested for trespassing, you need someone who is experienced, and ready to fight for you. Attorney Matthew Thompson has the experience necessary to fight for you in court. He will provide a custom defense crafted specifically for your case. Attorney Thompson has handled hundreds of trespassing cases in his career, and is ready to apply that experience to your case, and to help you get your life back on track after your arrest. For a free consultation, call Attorney Matthew Thompson today at (386) 280-4977. Your consultation can be scheduled in DeLand or Daytona Beach, depending on your location, we make it easy and convenient for you to get the legal representation you need.
Client-Focused. RESULT-DRIVEN.
Working Closely with You To Build a Strong Case
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Charges Reduced, Guidelines Waived, No Probation Failure to Register as a Career Criminal
The Client was arrested out of State for a warrant for failure to register as a career criminal. This violated his probation out of Miami-Dade County, Florida. Attorney Thompson was able to track the Client’s addresses and discovered that his landlord at the time lied to his probation officer about his renting an apartment because the landlord was not zoned to allow tenants. The State agreed to a time-served sentence for the time he spent in custody being transported to Florida.
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Charges Reduced Domestic Battery
Attorney Thompson provided a letter outlining defenses in case. State reviewed letter and spoke to the witnesses and offered to reduce the charges to a non-violent disorderly conduct with no jail and no probation.
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Deferred Prosecution Agreement Loitering and Prowling
Client became disoriented due to a medical condition and entered a car that did not belong to him, but looked just like his car. Attorney Thompson provided mitigation to the State concerning the Defendant’s medical issues and ensured the client would be offered a Deferred Prosecution Agreement by the State wherein all charges would be dismissed upon completion.
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All Charges Dismissed Domestic Violence
Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.
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Charge Reduced Felony Child Abuse
Attorney Thompson took over for the Defendant’s prior attorney who was unable to obtain an offer of anything other than a felony conviction. Attorney Thompson prepared a sworn Motion to Dismiss and was offered a misdemeanor with no probation or jail.
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All Charges Dismissed Sexual Battery & Domestic Battery
Mr. Thompson took depositions of the victim showing that the victim was not truthful with police when she provided her statement as to what happened. Confronted victim with social media posts, bank records, and telephone records to show that she was not in the places that she stated she was during the time the alleged crime took place. Case 1 was dismissed and the Defendant pled to Case 2 and received two (2) years of prison and credit for fifteen (15) months in prison.