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A person who without being authorized licensed or invited who willfully enters the property of another commits the offense of trespassing under Florida Law. In order for a person to be arrested for trespass it must be proven that the person had notice wither actual or constructive notice that persons are not welcome on the property in question. Florida law provides that a person can be arrested for trespassing if they are discovered by law enforcement o be present upon property which has been posted as "no trespassing" by the landowner. There are requirements as to where the "no trespassing" must be located and if they are not plainly visible then a person may have a valid defense to the crime of trespass. A person can also be arrested for "trespass after warning" if they are warned by the property owner or law enforcement to leave and they willfully refuse to do so. A trespass on property other than a structure or conveyance is a first degree misdemeanor and a person who is arrested for trespassing faces a maximum of 1 year in County jail. If a person is armed with a firearm or other dangerous weapon when they commit a trespass upon property then they can be charged with a felony of the 3rd degree and face a maximum sentence of up to 5 years in Florida state prison. Trespassing upon a construction site or an agricultural chemical facility is also a 3rd degree felony as is trespassing with the intent to take, kill or endanger an animal. Florida law also authorizes the property owner or a person who is authorized by the property owner to detain a trespasser in a reasonable manner until law enforcement personnel can be summoned.
A person who without being authorized, licensed or invited willfully enters or remains in any conveyance or structure or who having been invited, licensed or authorized is warned by the lessee of owner of the structure of the structure or conveyance to depart and refuses to do so is guilty of trespassing in a structure or conveyance. Trespassing in an unoccupied conveyance or structure is a second degree misdemeanor but if a person is present in the structure or conveyance when the alleged trespass occurs, then the individual can be charged with a 1st degree misdemeanor and face a maximum sentence of up to a year in county jail. If a person is armed with a firearm or other dangerous weapon at the time that they commit a trespass then they can be charged with a 3rd degree felony which carries with it a maximum sentence of up to 5 years in Florida State prison
Broward County Trespass Attorney
Broward County criminal defense attorney makes it a priority to defend his client's liberty and their criminal records. Many people make the mistake of not taking an arrest for trespassing seriously and choose to got to court without first retaining a local criminal defense attorney who is experienced in handling trespassing cases. All trespass offense must be taken seriously if an individual wants to protect their future. Don't take a chance with your future. If you have been arrested for trespassing in Broward County or Palm Beach, do not wait until your court date is approaching. Contact the downtown Fort Lauderdale law office of Quinn Law, P.A. immediately for a case evaluation at (954) 463-0440 or toll free at (844) ADQ-LAW4.