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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All Charges Dismissed Child Abuse Battery
The Client was entangled in a contentious divorce where her ex-husband used the criminal legal system to try to gain leverage against the Client in the family law courts. Attorney Thompson was able to provide documentation, witness statements, and a certificate of completion of a parenting class to get all charges dismissed against the client.
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All Charges Reduced Aggravated Assault with a Firearm
Client was accused of shooting a shotgun over the head of two minors. Attorney Thompson did a public records request to discover that officers reported to the scene of the crime the night of the incident and spoke to the victims on the evening the alleged crime occurred and believed the victims to be intoxicated and unreliable. Attorney Thompson conducted depositions of the officers and ultimately all charges were reduced to a misdemeanor and no incarceration.
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No Charges Filed and Prevented Arrest Grand Theft
Client was caring for her special needs sister. While caring for her she received advice from bank personnel to place her sister’s Disability Checks into a bank account in the Client’s name to avoid other family members from stealing money. Once the family members discovered this they called the police to investigate the Client. Attorney Thompson put together documentation showing how the money was being spent and met with police to further explain the situation. The police determined that there was no
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All Charges Dismissed Domestic Battery
Defendant was trapped inside car where her boyfriend was acting aggressive. Defendant had to take legal action against the victim to remove him from vehicle. Attorney Thompson sent letter to State early in the case to outline defenses and mitigation and all charges were dismissed prior to filing.
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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 Aggravated Battery on Law Enforcement Officer
Attorney Thompson provided the State with an extensive mitigation packet outlining the Defendant’s military service record and disability based on PTSD. Defendant was offered a minor jail sanction (60) days followed by probation in lieu of a 5-year minimum prison sentence as was originally offered by the State.