If you have been charged with trespass in a structure then you may have a defense. Consent and “open to the public” are both defenses that can be presented when fighting a trespass in a structure 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 trespass case in Florida, contact Matthew Williams now for a free consultation.
In Florida, trespass in a structure is defined under Florida Statute 810.08. A person commits a trespass in a structure when they willfully enter or remain in any structure without permission.
A structure is defined as a building of any kind, either temporary or permanent, which has a roof over it, together with the surrounding curtilage.
In Florida, trespass in a structure is a second-degree misdemeanor, meaning it is punishable by up to 60 days in jail, or by up to 6 months of probation and/or by a fine of up to $500 (you can also get a jail sentence followed by probation, but the total length of the punishment cannot exceed 6 months). In addition to facing jail time, if you are adjudicated guilty of trespass in a structure then you will never be able to remove the conviction from your permanent record.
Criminal convictions carry severe consequences and can never be removed from your criminal record. Even misdemeanor convictions can have negative consequences for you. If you need an attorney who will advise you, fight for you and keep you from getting caught in the system, or if someone you know has been charged with trespass in a structure in Florida, then contact Matthew Williams now for a free consultation.