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Trespassing

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.

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Working Closely with You To Build a strong case
  • 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.

  • Sale and Possession of Heroin

    Defendant entered a treatment facility while case was pending. Attorney Thompson provided progress reports of all of her progress during her stay to show improvement. State agreed to amend all charges to simple possession and the Defendant was sentenced into Drug Court.

  • 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.

  • Grand Theft, Fleeing, Possession of a Fictitious Driver’s License

    Attorney Matt Thompson, through depositions and litigation was able to show that officers did not act according to the warrant by picking up the client immediately upon sight. The charge of Fleeing or Attempting to Elude Law Enforcement, which carries a mandatory felony conviction, was dismissed by the State and the client was offered probation and no felony conviction.

  • 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.

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