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Trespass on Property



Defining Trespass on Property in Florida

In the Sunshine State, Trespass on Property is a legal term that carries significant weight. Under Florida Statute 810.08, this crime is committed when an individual willfully enters or remains on any property without the necessary authorization, license, or invitation. This includes instances where notice against entering or remaining is explicitly given, whether through actual communication, posting, fencing, or cultivation. Additionally, trespassing encompasses situations where an individual enters or remains on the unenclosed curtilage of a dwelling with the intent to commit a crime therein, again without the proper authorization or invitation.

The concept of unenclosed curtilage refers to the land or grounds (and any outbuildings) that are directly and intimately connected to a dwelling, which are necessary, convenient, and habitually used in connection with that dwelling. It’s this specific legal understanding that outlines the boundaries of one’s private space and the legal implications of unauthorized entry.

What exactly constitutes Trespass on Property in Florida? It is the unauthorized entry or remaining on a property, including the unenclosed curtilage of a dwelling, with or without intent to commit an additional crime.

Penalties for trespassing vary significantly based on the nature of the trespass. A basic Trespass on Property offense is considered a first-degree misdemeanor, potentially leading to up to sixty days in jail, six months of probation, and fines up to $500. However, the stakes are much higher if the trespass involves certain aggravating factors, such as being armed with a dangerous weapon or trespassing on designated properties like construction sites or agricultural facilities, which can elevate the charge to a third-degree felony. This carries a much heavier penalty, including up to five years in jail, five years of probation, and up to $5,000 in fines.

Trespass on Property in Florida

Despite the severe penalties, there are defenses available to those charged with trespass. These include improper posting of no trespassing signs, lack of intent to trespass, or specific landlord-tenant conflicts that may nullify the trespassing charge. Each case is unique, and a skilled defense attorney can provide the necessary legal guidance to navigate these charges.

If you find yourself facing a trespassing charge in Florida, it’s crucial to understand your rights and the legal definitions that govern these cases. Contacting an experienced criminal defense lawyer can make a significant difference in the outcome of your case. At Leppard Law, our team is dedicated to providing the robust defense you deserve, ensuring that every avenue for defense is thoroughly explored.

Penalties Associated with Trespass on Property in Florida

When it comes to trespassing, Florida law does not take this offense lightly. The penalties for trespass on property in the state can vary widely, depending on the specifics of the trespass. It’s crucial to understand that trespassing isn’t just about being in a place where you shouldn’t be; it’s about violating someone else’s right to control access to their property. This can lead to serious consequences, including both misdemeanor and felony charges, depending on the circumstances.

Penalties for Trespassing in Florida

For a basic trespass offense, where an individual unlawfully enters or remains on a property without permission, the charge is typically classified as a first-degree misdemeanor. This can result in penalties including:

  • Up to sixty (60) days in jail
  • Up to six (6) months of probation
  • Up to $500 in fines

However, certain factors can elevate a trespass charge to a more severe level. If the trespasser is armed with a firearm or other dangerous weapon, or if the trespass occurs in specific locations such as construction sites, agricultural sites for testing or research, domestic violence centers, or agricultural chemicals manufacturing facilities, the charge can be escalated to a third-degree felony. The consequences of such a charge are significantly more severe, potentially including:

  • Up to five (5) years in jail
  • Up to five (5) years of probation
  • Up to $5,000 in fines

Understanding the severity of trespass charges in Florida is crucial. Whether facing a misdemeanor or felony, the impact on one’s life can be substantial, highlighting the importance of seeking legal guidance promptly.

In addition to legal penalties, being convicted of trespassing can have long-lasting effects on one’s personal and professional life. It can affect employment opportunities, housing applications, and more, making it more than just a temporary inconvenience. This is why it’s essential to address trespass charges head-on, with the support of experienced defense attorneys who understand the nuances of Florida law and can navigate the complexities of the legal system on your behalf.

At Leppard Law, we recognize the challenges and stress that come with facing trespass charges. Our team is dedicated to providing a robust defense for our clients, exploring every legal avenue to secure the best possible outcome. If you’re dealing with trespass charges in Florida, don’t hesitate to reach out for a consultation. Let us put our expertise to work for you.

When you’re facing trespass on property charges in Florida, it might feel like you’re out of options. However, with the right legal strategy, there are several defenses that can be employed to challenge these charges. Understanding the nuances of Florida’s trespass laws is key to identifying the best approach to your defense. Here are some common defenses that could potentially be used:

  • Improper Posting: For a property to be considered properly posted against trespassing, it must meet specific requirements outlined in Florida Statute 810.011. If the property you’re accused of trespassing on wasn’t properly posted, this could be a viable defense.
  • Lack of Intent: Trespass on property charges require the prosecution to prove that the defendant had the intent to trespass. If you believed you had permission to be on the property, or if your presence was the result of a misunderstanding, this could form the basis of your defense.
  • Landlord-Tenant Conflict: If you were invited onto the property by a tenant, a landlord’s trespass warning may not be enforceable against you, depending on the lease agreement and the circumstances of your visit.
  • Stale Trespass Warning: A previous trespass warning may not be valid if you were later invited back onto the property by a different owner or someone with greater authority.

Did you know that being improperly posted or having a lack of intent can serve as defenses to trespass on property charges in Florida? These legal nuances highlight the importance of having a knowledgeable defense attorney on your side.

Each case is unique, and the applicability of these defenses will depend on the specific circumstances surrounding your charges. That’s why it’s critical to consult with an experienced defense attorney who can evaluate your case and determine the best course of action.

Strategies for Contesting Trespass on Property Charges

Successfully contesting trespass on property charges requires a strategic approach tailored to the specifics of your case. Here are some strategies that might be employed:

  • Examining the Evidence: Your attorney will meticulously review the evidence against you to identify any weaknesses in the prosecution’s case, such as lack of proper notice or evidence of permission to be on the property.
  • Negotiating with Prosecutors: In some cases, it may be possible to negotiate with prosecutors to reduce the charges or penalties, especially if this is your first offense or if there are mitigating circumstances.
  • Going to Trial: If a satisfactory agreement cannot be reached, your case may go to trial, where your attorney can present a defense based on the lack of intent, improper posting, or other relevant factors.

At Leppard Law, we understand the stress and uncertainty that come with facing trespass charges. Our team of dedicated defense attorneys is ready to provide you with the personalized and effective legal representation you deserve. If you’re dealing with trespass charges in Florida, don’t wait to seek legal assistance. Call us at 407-476-4111 to schedule a consultation and explore your defense options.


Being charged with trespass on property in Florida can be a daunting experience, but understanding the legal process and knowing what steps to take can significantly affect the outcome of your case. From the moment you’re arrested for trespassing, the clock starts ticking on your opportunity to craft a defense that could potentially clear your name or reduce the severity of the penalties you’re facing.

The legal journey for trespass on property charges typically begins with the arrest, followed by an arraignment where charges are formally presented. This is followed by pre-trial motions, potential plea negotiations, and possibly a trial. Each of these stages offers unique challenges and opportunities for your defense.

Understanding the steps in the legal process is crucial for anyone facing trespass on property charges in Florida. Knowledge is power, and being informed can help you navigate the complexities of the legal system more effectively.

Role of Experienced Defense Attorneys

The importance of having a skilled defense attorney by your side cannot be overstated. A seasoned lawyer can offer invaluable guidance through each step of the process, from negotiating with prosecutors to arguing your case in court. They understand the nuances of Florida’s trespass laws and can identify the best strategy for your defense.

Here are some ways an experienced defense attorney can make a difference:

  • Legal Expertise: They provide a deep understanding of the law and the legal system, ensuring your rights are protected throughout the process.
  • Strategic Defense: Whether it’s negotiating a plea deal or preparing for trial, your attorney will develop a strategy tailored to the specifics of your case.
  • Emotional Support: Facing criminal charges can be stressful. Having a supportive legal advocate can ease the emotional burden.

At Leppard Law, our team of dedicated defense attorneys is well-versed in the complexities of trespass on property charges in Florida. We leverage our expertise and resources to advocate fiercely on your behalf, aiming to secure the best possible outcome for your case.

If you’re facing trespass charges, time is of the essence. Don’t navigate this challenging time alone. Contact us today at 407-476-4111 to schedule a consultation. Let us put our knowledge and experience to work for you.

Navigating Trespass on Property Charges in Florida

Remember, the right legal representation can be the difference between a favorable outcome and a conviction that could impact your life for years to come. At Leppard Law, we’re committed to providing personalized, compassionate, and effective legal representation. Let us help you turn the tide in your favor.


Infographic depicting the words Trespass on Property

Frequently Asked Questions

What constitutes Trespass on Property in Florida?

Trespass on Property in Florida occurs when an individual willfully enters or remains on a property without being authorized, licensed, or invited, particularly when notice against entering or remaining is explicitly given. This can be through verbal communication, posting, fencing, or cultivation.

How can I legally defend against a Trespass on Property charge in Florida?

Defending against a Trespass on Property charge often involves demonstrating lack of intent, improper notice, or authorization to be on the property. Each case is unique, so it’s advisable to consult with a defense attorney for personalized advice.

What are the penalties for Trespass on Property in Florida?

The penalties for Trespass on Property in Florida can include up to sixty days in jail, six months of probation, and fines up to $500 for a first-degree misdemeanor. Penalties can escalate if the trespass involves a firearm or other aggravating factors.

Can a Trespass on Property charge be expunged from my record in Florida?

Yes, a Trespass on Property charge can potentially be expunged from your record in Florida, depending on the circumstances of your case and your criminal history. It’s best to discuss your specific situation with a knowledgeable criminal defense lawyer to explore your options.

In addition to Trespass on Property, we handle a wide range of related case types in Florida, offering specialized legal support to our clients.

Burglary Burglary of a Dwelling
Burglary of a Structure Burglary of an Unoccupied Structure
Burglary of an Occupied Structure Burglary of a Conveyance
Burglary of an Unoccupied Conveyance Burglary of an Occupied Conveyance
Possession of Burglary Tools Trespassing Inside a Structure or Conveyance
Trespass Trespass on School Grounds
Trespass in a Structure Trespass in a Conveyance

List of Top-Rated Trespass on Property Attorneys Serving Florida

Choosing the right legal representation is crucial when facing Trespass on Property charges. Our team of dedicated attorneys ensures you’re well-informed and prepared at every step of your case.

  • John Vallillo: Known for his meticulous approach to legal defense, John Vallillo offers comprehensive and strategic representation for Trespass on Property cases.
  • Joe Easton: Joe Easton’s expertise in challenging evidence and negotiating favorable outcomes makes him a valuable ally in Trespass on Property defenses.
  • Joel Leppard: With a focus on innovative legal strategies, Joel Leppard provides personalized attention and aggressive representation for Trespass on Property charges.

Discover What Our Clients Are Saying

At Leppard Law, we pride ourselves on our unwavering commitment to our clients. Our dedication is reflected in the positive feedback and stellar reviews we consistently receive, marking us as one of Central Florida’s top-rated Burglary and Trespassing law firms.



Infographic depicting the words Trespass on Property

Take the First Step Towards Protecting Your Future

At Leppard Law: Burglary and Trespassing Defense Attorneys, we understand the stress and uncertainty that come with being charged with Trespass on Property. Our approach is different – we believe in building a personal relationship with each of our clients, ensuring that you’re not just another case file on our desk.

Our team, led by former prosecutors and award-winning attorneys, leverages a unique blend of insider knowledge and legal expertise to craft the strongest defense on your behalf. We’re not just your attorneys; we’re your advocates, your confidants, and your team.

Highlighted among the “Top Personal Injury Attorneys near Sanford, FL” for 2023 by Thumbtack, and listed among the “Best Car Accident Lawyers in Sanford” from 2016-2023 by Expertise, our commitment to excellence is recognized not just by our clients, but by our peers and the community.

Whether you’re facing charges in Orlando, Sanford, or anywhere in Florida, one call to our office can make all the difference. Let us show you what it means to be part of the Leppard Law family, where your voice is heard, and your case is handled with the skill and dedication it deserves.

  • Over 60 years of combined experience defending Floridians accused of crimes
  • Personalized attention to each case, ensuring you’re informed and prepared at every step
  • Utilization of cutting-edge technology for efficient and effective case management
  • Free consultation to discuss your case and explore your options

Don’t let a charge define your future. Contact us today at 407-476-4111 for a free consultation, and take the first step towards peace of mind and the best possible outcome for your case.

Schedule Your Free Consultation Today

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Legally Reviewed by Joe Easton

Expert Attorney

Legally reviewed by Joe Easton and the content team, this article demonstrates the firm’s 60 years of combined criminal defense expertise. Joe Easton, renowned for his comprehensive experience and strategic acumen in DUI and criminal defense, not only provides legal representation but also a commitment to transforming legal hurdles into victories. His method, which blends vigor in the courtroom with individualized client attention, ensures that your case receives not just a defense, but a dedicated advocacy, underpinned by dedication and expertise.

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