Created by FindLaw's team of legal writers and editors | Last reviewed January 17, 2018
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Most people know that you should not enter or remain on someone else's property without permission. Even if you didn't intend any harm, when you purposefully remain on the property of another you could be found guilty of Florida's criminal trespass laws.
Florida law recognizes two forms of criminal trespass:
For purposes of this statute, a "conveyance" is defined as a sleeping car, an aircraft, a trailer, an automobile, or a boat, vessel or ship. This means you could face a criminal trespass charge for sleeping in someone else's car without permission.
Although a conviction for criminal trespass doesn't require actual proof of intent to trespass, it does require proof that the defendant willfully entered or remained on the property without permission. For permission to be withdrawn, it must be communicated so that they are put on notice that they should leave.
The following are common ways that Florida's criminal trespass laws are violated:
Depending on the circumstances, criminal trespass in a structure or property carries penalties that may include jail, probation, and a permanent criminal record. A typical misdemeanor conviction carries up to 60 days in jail. However, if the defendant possesses a firearm or other dangerous weapon during the criminal trespass, the violation can be charged as a third-degree felony with a maximum term of imprisonment of up to five years.
Florida has a series of laws covering criminal trespass that are based on the type of property or structure being trespassed upon. This chart highlights the primary statutes, defenses, and penalties related to a charge of criminal trespass.
| Florida Statutes |
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| Elements and Penalties | Class 2 Misdemeanor
Class 1 Misdemeanor
Class 3 Felony
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| Defenses | The following are recognized defenses to criminal trespass:
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Note: State laws are always subject to change. It's important to verify the laws you're researching by conducting your own research or consulting with a qualified Florida criminal defense attorney .
The following links provide additional information on criminal trespass and related charges:
The penalties for criminal trespass range from a small fine to a felony conviction. An experienced criminal defense attorney can help evaluate the evidence against you and develop a strong defense on your behalf. Don't let a criminal trespass conviction impact your future. Consider contacting a local criminal defense attorney for legal help.
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