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Trespass



Understanding Trespassing Laws in Orlando

In Florida, trespassing is not just a simple act of being somewhere you shouldn’t be; it’s a legal matter with serious implications. Under Chapter 810 of the Florida Statutes, trespassing can be categorized into four distinct types, each with its own set of legal definitions and consequences. These categories include trespass on property, trespass on school grounds, trespass in a structure, and trespass in a conveyance.

When someone willfully enters or remains on a property without the necessary authorization, license, or invitation, or if they return to or ignore a prior warning to stay off the property, they commit the crime of trespass. This law is designed to protect property rights and ensure that individuals respect the boundaries and permissions set by property owners.

What is Trespassing in Orlando? Trespassing in Orlando is committed when an individual willfully enters or remains on property without authorization, license, or invitation, or returns to or ignores a prior warning to stay off the property, as defined under Chapter 810 of the Florida Statutes.

The Four Categories of Trespass in Florida

  • Trespass on Property: This involves entering or remaining on a land or premises without permission.
  • Trespass on School Grounds: Entering or remaining on school property without authorization or after being directed to leave.
  • Trespass in a Structure: Being in a building or structure without permission or legal right.
  • Trespass in a Conveyance: Illegally entering or staying in a vehicle, such as a car, boat, or airplane.

These distinctions are crucial for understanding the legal boundaries and potential penalties associated with trespassing. Whether it’s a simple misunderstanding or a deliberate act, the consequences of trespassing can be significant, including fines, imprisonment, or both, depending on the specifics of the case.

At Leppard Law: Burglary and Trespassing Defense Attorneys, we specialize in navigating the complexities of Florida’s trespassing laws. Our experienced team, led by attorneys who are well-versed in the nuances of criminal defense, is dedicated to providing the best legal representation for those accused of trespassing. If you’re facing trespassing charges and need expert legal advice, call us today at 407-476-4111 for a free consultation.

Understanding Trespassing Laws in Orlando

Understanding the legal implications of trespassing and the defenses available is the first step in protecting your rights. Whether it involves consent, public accessibility, or other legal defenses, having the right legal team can make a significant difference in the outcome of your case. Don’t let a trespassing charge disrupt your life; contact Leppard Law today and let us fight for you.

Penalties for Trespassing Offenses in Orlando

The consequences of trespassing in Orlando can vary significantly, depending on the specific circumstances of the offense. Florida law outlines distinct penalties for different types of trespass, each carrying its own set of potential consequences. Understanding these penalties is crucial for anyone facing trespassing charges, as the impact on one’s life can be profound.

What are the penalties for trespassing in Orlando? Penalties can range from fines and community service to imprisonment, depending on the nature of the trespass and any aggravating factors present.

Here’s a breakdown of penalties associated with the four main categories of trespass in Florida:

  • Trespass on Property: A first-degree misdemeanor, punishable by up to one year in jail, one year of probation, and a $1,000 fine.
  • Trespass on School Grounds: Also considered a first-degree misdemeanor with similar penalties to trespass on property.
  • Trespass in a Structure or Conveyance: If the offender is armed, it escalates to a third-degree felony, punishable by up to five years in prison, five years of probation, and a $5,000 fine.
  • Trespass in a Conveyance: Generally treated as a second-degree misdemeanor, punishable by up to 60 days in jail, six months of probation, and a $500 fine.

Penalties for Trespassing

Factors Influencing Trespassing Penalties

The severity of penalties for trespassing can also be influenced by several factors, including whether the trespasser was armed and if there was a human being in the structure or conveyance at the time of the offense. Being armed during the commission of trespass significantly increases the gravity of the charge, potentially elevating it to a felony with more severe penalties. Similarly, the presence of a person within the trespassed property can also affect the level of charges and penalties.

For those facing trespassing charges, it’s essential to understand these nuances and seek competent legal representation. The team at Leppard Law: Burglary and Trespassing Defense Attorneys is experienced in handling all types of trespassing cases, employing a comprehensive approach to defend our clients effectively. If you’re dealing with trespassing charges, call us today at 407-476-4111 for a free consultation.

Remember, the specifics of each case can significantly influence the outcome. Factors such as prior criminal history, the defendant’s actions during the trespass, and the property’s nature can all play crucial roles in determining penalties. Our goal is to minimize the impact of these charges on your life, exploring every legal avenue to defend your rights and achieve the best possible outcome.

Don’t let a trespassing charge define your future. With the right legal team, you can navigate these challenges and move forward. Contact Leppard Law today and let us stand by your side through this difficult time.

Defenses Against Trespassing Charges in Orlando

When you’re facing trespassing charges in Orlando, it might feel like your options are limited. However, with the right legal strategy, there are several defenses that can be effectively used to challenge these charges. Whether it’s proving consent was given, demonstrating public accessibility, or highlighting the specific conditions that invalidate the accusations, understanding these defenses is crucial.

Can consent invalidate a trespassing charge? Yes, if it can be proven that consent, either explicit or implied, was given by someone authorized to grant access to the property, it can serve as a powerful defense against trespassing charges.

Let’s delve deeper into some of the most common defenses against trespassing charges:

  • Consent: This is one of the most straightforward defenses. If the defendant can show that they had permission to be on the property, the charges often can’t stand. Consent can be tricky, though, as it must be granted by someone with the authority to do so.
  • Public Accessibility: Places that are open to the public, like shopping malls or parks, offer an implied consent to enter. However, this defense has its limits, especially if the defendant was in an area not open to the public or stayed beyond operating hours.
  • Mistake of Fact: This defense applies if the defendant genuinely believed they had the right to be on the property. For instance, if they were misled into thinking they were welcome, this could negate the “willful” element required for a trespass conviction.
  • Emergency Situations: In rare cases, trespassing might be justified if the defendant needed to enter the property to avoid immediate harm. This defense requires compelling evidence of the emergency and that trespassing was the only option.

Among the defenses listed, consent and public access are particularly noteworthy. They directly challenge the prosecution’s claim that the defendant had no right to be on the property. For consent to hold up as a defense, it must be proven that it was given by someone legally capable of offering it, such as the property owner or their representative. Public access, on the other hand, argues that the defendant entered a space open to everyone, making the trespassing charge invalid.

It’s important to note that these defenses can be complex and require a nuanced understanding of Florida’s trespassing laws. This is where the expertise of a seasoned defense attorney comes into play. At Leppard Law, we have a deep understanding of these defenses and how to effectively apply them to protect our clients’ rights. If you’re facing trespassing charges, don’t hesitate to reach out to us at 407-476-4111 for a free consultation. We’re here to help you navigate through this challenging time and work towards the best possible outcome for your case.

Remember, each trespassing case is unique, and a defense that’s effective in one situation may not be applicable in another. That’s why having a knowledgeable attorney by your side is invaluable. They can assess the specifics of your case, advise you on the best course of action, and advocate for your rights both in and out of court. At Leppard Law, we’re committed to providing personalized, aggressive defense strategies for our clients, ensuring that your side of the story is heard loud and clear.


When you find yourself entangled in the complexities of trespassing charges in Orlando, the path forward may seem daunting. However, the right legal guidance can illuminate your journey towards a favorable resolution. Experienced Orlando trespassing defense attorneys play a pivotal role in navigating these complexities, leveraging their expertise to advocate on your behalf.

At Leppard Law: Burglary and Trespassing Defense Attorneys, we understand the intricacies of Florida’s trespassing laws and are dedicated to providing our clients with the robust defense they deserve. Our approach combines thorough legal knowledge with a personalized strategy tailored to your unique situation.

Understanding your rights and the legal options available to you is the first step in contesting trespassing charges. With Leppard Law by your side, you’re not just a case number; you’re part of our family, and we fight tirelessly to protect your rights.

Role of Defense Attorneys in Trespassing Cases

Defense attorneys are your first line of defense against trespassing charges. They scrutinize every detail of your case to identify the most effective defense strategy. Whether it’s challenging the evidence presented, arguing for a lack of intent, or negotiating for reduced penalties, your attorney is your advocate in and out of the courtroom. Here’s how they can help:

  • Case Evaluation: Analyzing the circumstances surrounding your charges to identify weaknesses in the prosecution’s case.
  • Legal Defense Strategy: Crafting a defense strategy that leverages legal precedents and the specifics of your case.
  • Negotiation: Negotiating with prosecutors to reduce or dismiss charges, often leveraging their understanding of burglary and trespassing laws.
  • Trial Representation: Representing you in court, presenting evidence, and arguing on your behalf to achieve the best possible outcome.

Choosing the right defense attorney can significantly impact the outcome of your case. At Leppard Law, our team of skilled attorneys brings a wealth of experience and a personalized approach to each case. We understand the nuances of trespassing in a structure and other related charges, ensuring you receive comprehensive legal representation.

If you’re facing trespassing charges in Orlando, time is of the essence. The sooner you reach out to us at 407-476-4111, the more effectively we can begin building your defense. Remember, you don’t have to navigate this challenging time alone. Let Leppard Law stand by your side, offering the legal expertise and support you need to move forward.

For more information on how we can assist with your trespassing case or to learn more about our defense strategies, visit our Trespass on Property page or contact us directly for a free consultation. Your defense starts here.

Navigating Trespassing Charges with Orlando Defense Lawyers


Infographic depicting the words Trespass

Frequently Asked Questions

What should I do immediately after being charged with trespass in Orlando?

If you’re charged with trespass in Orlando, it’s crucial to take immediate steps to protect your rights. These steps include:

  • Remain silent: Exercise your right to remain silent to avoid self-incrimination.
  • Seek legal representation: Contact a qualified Orlando trespassing defense lawyer as soon as possible.
  • Avoid contact with the property: Do not return to the property where the trespass allegedly occurred.

Can consent be used as a defense in a trespass case in Orlando?

Yes, consent can be a powerful defense in a trespass case. If you had permission to be on the property, either explicitly or implicitly, it could invalidate the trespass charge. However, proving consent can be complex, and it’s advisable to work with an experienced attorney to present this defense effectively.

What are the penalties for trespassing in Orlando?

The penalties for trespassing in Orlando can vary widely depending on the specifics of the case, such as the location of the trespass and whether the property was occupied. Generally, trespass is considered a misdemeanor, but it can escalate to a felony under certain circumstances, leading to more severe penalties including fines, community service, probation, or jail time.

How can an Orlando trespassing defense lawyer help me?

An Orlando trespassing defense lawyer can assist you in several key ways, including:

  • Evaluating your case: Providing a thorough assessment of the charges against you.
  • Developing a defense strategy: Crafting a tailored defense based on the specifics of your situation.
  • Negotiating with prosecutors: Working to reduce or dismiss charges where possible.
  • Representing you in court: Offering skilled advocacy in court to achieve the best possible outcome.

For personalized legal assistance, contact us today.

Other Practice Areas We Serve

Exploring related legal challenges? Here’s a list of additional practice areas we specialize in, offering expert guidance and defense across Florida.

Burglary Defense 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 Property
Trespass on School Grounds Trespass in a Structure
Trespass in a Conveyance Possession and Trafficking of LSD

List of Top-Rated Orlando Trespassing Defense Lawyers Attorneys Serving Florida

Choosing the right legal representation is critical in trespassing cases. Our team of top-rated Orlando trespassing defense lawyers is committed to guiding you through every step, ensuring informed decisions and robust defense strategies.

  • John Vallillo: Known for his meticulous approach to case preparation and defense strategy, John Vallillo offers comprehensive legal representation for trespassing charges.
  • Joe Easton: Joe Easton’s expertise in challenging evidence and negotiating with prosecutors makes him a valuable ally in defending against trespassing allegations.
  • Joel Leppard: As the founder of Leppard Law, Joel Leppard brings a wealth of experience and a personal touch to every trespassing case, ensuring clients receive top-notch legal care.

Discover What Our Clients Are Saying

At Leppard Law, we pride ourselves on the hard work and dedication we bring to every trespassing case. Our clients’ positive feedback is a testament to our commitment to excellence and achieving the best possible outcomes.



Infographic depicting the words Trespass

Take the First Step Towards Protecting Your Rights

Being charged with trespass can be a daunting and stressful experience, but you don’t have to face it alone. At Leppard Law: Burglary and Trespassing Defense Attorneys, we understand the complexities of the law and the overwhelming feelings that come with legal challenges. That’s why we’re committed to standing by your side every step of the way, offering expert legal advice and compassionate support.

Our team, led by Joel Leppard, a tech-savvy attorney with a personal touch, is renowned for its dedication to clients, leveraging over 60 years of combined experience to defend the rights of Floridians. We’re not just your attorneys; we’re your advocates, your advisers, and your allies, fighting tirelessly to secure the best possible outcome for your case.

At Leppard Law, we pride ourselves on our client-focused approach, ensuring you’re treated with respect, your voice is heard, and your case is handled with the utmost care and professionalism. Our success is reflected not only in our courtroom victories but in the strong relationships we build with our clients.

Why Choose Us?

  • Personalized Attention: Every case is unique, and we treat it as such, tailoring our strategies to meet your specific needs and objectives.
  • Expertise and Experience: Benefit from our extensive experience and in-depth knowledge of criminal defense law, particularly in trespassing cases.
  • Client-Centered Communication: We keep you informed at every stage of the process, ensuring you’re never left in the dark about your case.
  • Award-Winning Service: Our commitment to excellence has earned us recognition among the top legal firms in Florida, including being listed among the “Best Criminal Defense Lawyers in Orlando” by Expertise and receiving the “Client Champion Platinum” award from Martindale Hubbell.

Don’t let a trespass charge disrupt your life. With Leppard Law by your side, you have a team of dedicated, experienced attorneys ready to defend your rights and guide you through this challenging time. Your journey to justice starts with a single call.

Ready to take the first step? Contact us today at 407-476-4111 to schedule your free consultation. Let us show you what it means to have a personal relationship with an attorney who truly cares about your outcome.

Trusted Content


Legally Reviewed by Joe Easton

Expert Attorney

Legally reviewed by Joe Easton and the content team, this article reflects the firm’s 60 years of combined criminal defense expertise. Joe Easton, with his extensive experience and strategic prowess in DUI and criminal defense, offers more than just legal representation; he brings a commitment to turning legal challenges into triumphs. His approach, combining tenacity in the courtroom with personalized client care, ensures your case is not just defended but championed with dedication and expertise.

Learn More About Joe Easton