If you have been charged with armed trespass on a property then you may have a defense. Consent and “open to the public” are both defenses that can be presented when fighting a trespass on property case. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about how to beat your armed trespass case in Florida, contact Matthew Williams now for a free consultation.
In Florida, armed trespass is defined in chapter 810.09 of Florida Statutes. A person commits armed trespass on property when they either:
- Willfully enter or remain on some form of real property without authorization, license, or invitation while carrying a firearm or dangerous weapon; or
- Return to or ignore a prior warning to stay off of real property while carrying a firearm or dangerous weapon.
In Florida, armed trespass is a third-degree felony, meaning it is punishable by up to five years in prison, up to five years of probation, and/ or a fine of up to $5,000 (you can also get a jail or prison sentence followed by probation, but the total length of the punishment cannot exceed five years). In addition to facing prison time, if you are adjudicated guilty of armed trespass, then you will lose constitutional rights and you’ll have to deal with many other collateral consequences.
Criminal convictions, especially convictions for possession of burglary tools, carry severe consequences and can never be removed from your criminal record. If you are convicted of a felony you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport.
If you need an attorney who will advise you, fight for your rights, and do everything possible to protect your future, or if someone you know has been charged with armed trespass in Florida then contact Matthew Williams now for a free consultation