Orlando Trespass Lawyer
Section 810.09 is an incredibly broad law. In some cases, Orlando police officers can arrest you for trespass even if you did not receive a prior warning or verbal notice to leave. Trespass convictions make it difficult to find a job, obtain student aid, find a place to live, and do other things that most people take for granted. Furthermore, there are several trespass add-ons, and aggressive prosecutors always look for chances to upgrade criminal charges.
In this environment, you need an equally aggressive Orlando criminal trespass lawyer, like the ones you’ll find at Sercombe Law. Our professional team immediately takes charge of the case. We routinely file multiple pretrial motions to keep prosecutors on their heels. Because of this early, aggressive action, we are often able to obtain a favorable plea bargain agreement or a not-guilty verdict at trial.
The Four Types of Trespassing in Florida
Usually, trespass is a first-degree misdemeanor which is punishable by up to a year in jail and a $1,000 fine. Even if the defendant has a criminal record, some type of probation may be available. Florida law divides trespass into four different categories, and the type of trespass usually affects the punishment:
- Private property trespass (the property could be residential or commercial),
- School trespassing,
- Trespass in a structure (any temporary or permanent building with four walls and a roof), and
- Conveyance trespass.
Trespass in certain areas, such as restricted construction sites, is a third-degree felony. The same upgrade applies if the defendant had a gun or any other dangerous weapon during the offense. Pretty much any object is a “dangerous weapon,” and this enhancement applies even if the defendant does not use or threaten to use it.
Orlando Criminal Trespass Lawyers and Affirmative Defenses
Consent is one of the most effective affirmative defenses to trespass cases. Once a person or business gives consent to enter, such as putting out an “Open for Business” sign, that consent remains in force unless someone with authority instructs the defendant to leave.
In other cases, multiple people have the legal authority to consent, one of them gives such consent, and the other owners know nothing about it. The affirmative defense applies in these situations as well. One person’s permission is all that’s necessary.
Procedurally, the defendant must establish consent. A picture of the “Open” sign usually suffices. The prosecutor may then introduce evidence that the owner withdrew that consent, and your Orlando trespass lawyer may challenge that evidence.
Criminal trespass charges have both immediate and long-term consequences in Florida. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law.
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