Trespassing Defense in Miami, Broward and Hialeah
MIAMI Trespassing ATTORNEYAs defined under the Florida Statutes there are two different types of trespassing charges.
Trespass in Structure or Conveyance (Section 810.08 of the Florida Statutes) occurs when someone, without prior permission, willfully enters or remains in any structure or conveyance, or, having originally been invited or authorized, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so.
Trespass on Property Other Than Structure or Conveyance (Section 810.09 of the Florida Statutes) occurs when a person who, without being authorized or invited, willfully enters upon or remains in any property other than a structure or conveyance as to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or other warnings.
Both criminal charges carry punishments that may vary from a $500 fine and 6 months probation or a $5000 fine with a 5 year prison sentence depending on certain mitigating factors.
A. Simply trespassing with no other person on the property and being unarmed is considered a second degree misdemeanor and faces the least strict punishments.
B. Trespassing with another human on the property raises the criminal charge to a first degree misdemeanor which carries higher likelihood of jail time and stiffer fines.
C. Trespassing while armed with a firearm or other dangerous weapon during the commission of the offense is a felony of the third degree and can carry up to 5 years in prison and a fine of up to $5000.
DefenseThe law is clear that in order for you to be trespassing you cannot have been invited. Proving that you were actually invited on the property would dismantle any validity to the charge. There is also the matter of permission to enter a property not being expressly verbal. If there were certain circumstances that would cause an average person to assume they were allowed on a property than there may be room to defend that as well. Also, if one was invited or given the express permission initially to enter the property by an authorized person then the rescinding of the invitation can only be considered valid if the person claiming trespass is the owner or an authorized agent of the owner. It should be said also that one should not assume that someone other than the owner automatically has the authority to claim trespass.
If you have been charged with Trespassing in Florida, it is important to seek a Criminal Defense Attorney immediately. Contact Miami Criminal Defense Attorney Adam K. Goodman to learn about your options during a free consultation. As a Hialeah Criminal Defense Attorney, Adam K. Goodman will aggressively fight for you and defend your constitutional rights. Adam K. Goodman maintains the ideal that relationships matter, which has earned him respect amongst prosecutors and judiciary. This leads to results for you, the client.
As a former Miami prosecutor and Chief of Litigation, Adam K. Goodman has the experience and knowledge to defend your case. Contact The Law Office of Adam K. Goodman at (305) 482-3265 or (954) 695-5126 today for all of your Broward County, Palm Beach, Monroe, or Miami Criminal Defense needs.