Under Florida law, a criminal Trespass occurs when a person willfully enters or remains upon property without authorization, or, if initially allowed onto the property, refuses to depart upon request of the rightful owner or occupant.
However, in the state of Florida, there are currently two types of criminal trespassing. This includes:
Trespass in Structure or Conveyance
Anyone who willfully enters or remains within any property other than a building or a vehicle, without being invited, permitted, or licensed to do so, is guilty of trespassing in a structure or conveyance. The following three factors must be proven beyond a reasonable doubt by the prosecution to prove the offense at trial:
- The defendant willfully entered or remained in the structure/conveyance or having been authorized to enter, willfully refused to depart after being warned by the owner, lessee, or agent of the owner/lessee.
- The structure or conveyance was in the lawful possession of the person alleging the trespass.
- The entering in or remaining in the structure or conveyance by the defendant was without the permission, express or implied, of the person alleging the trespass.
Trespass on Property Other than Structure or Conveyance
Trespass on Property Other Than a Structure or Conveyance happens when someone knowingly enters or remains on any property other than a structure or a vehicle without being invited, allowed, or licensed to do so. The crime usually relates to land. To prove the crime at trial, the State must establish the following elements beyond a reasonable doubt:
- The defendant willfully entered upon or remained in the property alleged.
- The property was owned by or in the lawful possession of the person/entity claiming the trespass.
- Notice not to enter upon or remain in that property had been given by either actual communication or by posting, cultivation, or fencing on the property.
- The defendant’s entering upon or remaining in the property was without the permission, express or implied, of the person or entity claiming the trespass or any other person authorized to give that permission.
If you find yourself facing criminal charges, you need a professional attorney on your side. Russell Spatz, of the Spatz Law Firm, PL, has decades of experience handling serious criminal and family law cases. Contact him at 305-442-0200 to discuss your case.