If the defendant has been charged with carrying a weapon on the property, the court must prove beyond a doubt that that person sheltered a weapon (for the defence) by committing the act of trespassing. BONITA SPRINGS, Fla. – A few months ago, a man bought a piece of land behind Pamela Smith`s home in Bonita Springs. Little did she know that it would cause problems for her family. Don`t take any chances with your future or your freedom! Contact our experienced Florida criminal defense attorneys at Musca Law today to learn more about what we can do to help you fight your charges and defend your rights. We have decades of combined legal experience defending our clients` rights and have multiple offices throughout the state of Florida for your convenience. The right to protect property from trespassers is guaranteed by the Florida Constitution. Don`t let property crime charges ruin the rest of your life! Let our experienced legal team help you. We have received many positive verdicts in which charges have been reduced or dropped altogether.
Feel free to contact our firm today to arrange a free, no-obligation case evaluation with one of our experienced lawyers. Last fall, Clarence saw the man walking on his property and approached him with an unloaded handgun and told him to leave his property. “My husband had to protect our belongings and our house, “and I was afraid of this guy,” Pamela said. The LCSO couldn`t understand that even though I was outside my fence, I was still on my property,” said Clarence. In Florida, the penalty for a second-degree offense is up to 60 days in jail and/or 6 months probation and fines. The penalty for a first-degree offense is up to 1 year in prison in addition to probation and fines. The penalty for a third-degree felony does not exceed 5 years in state prison, 5 years probation and fines not exceeding $5,000. Since a potential intrusion on school grounds is considered a threat to the lives of young children and minors, it is not uncommon for a person to be wrongly arrested and charged with trespassing. Officers also do not have to execute an arrest warrant to make an arrest. If you believe you have been wrongly arrested or have been allowed to stay on school grounds, it is important that you contact an experienced defense attorney to prepare your case.
While a trespassing conviction does not require actual proof of trespassing intent, it does require proof that the defendant intentionally entered or remained on the property without permission. In order for the authorization to be revoked, it must be communicated so that they are informed that they must leave. According to Title XLVI of Florida Act Chapter 810.14 (1a-b), trespassing is also associated with the crime of voyeurism. As noted in this chapter, voyeurism occurs when a person intentionally observes a person (including that person`s private parts), when that victim should be protected by the legal boundaries of private property. As required by Title XLVI of Florida Law Chapter 810.09 (1a-b), any person who wanders (without permission) on property that is not marked as a structure or building of any kind, marked with a “No Entry” sign and/or fenced (or otherwise contained) will be charged with a crime of trespassing. Pursuant to Chapter 810.097(2), any person who has been previously warned not to enter the premises (by the principal of the school or a staff member) and who deliberately and intentionally ignores this warning (while walking around the school grounds) will be charged with a 1st degree offense punishable by imprisonment for 1 year and/or a fine not exceeding $1,000. Pursuant to Title XLVI of Florida Act Chapter 810.08 (1), any person attempting to enter the premises of a building, structure or other type of property without the permission of the owner, owner or occupant, or after receiving a warning from such persons, has committed an offence of trespassing. The CSHO was eventually called and, when MPs arrived on the scene, they arrested Clarence for grievous bodily harm with a deadly weapon, even though he was on his own property.
If you, a loved one or a child has been arrested for trespassing, you must take the charge seriously. Even if you face a crime in most cases, a conviction for a crime can still have a devastating impact on your career and educational prospects, as well as your professional development. For young adults just starting out at university, an offence can hurt a promising future. This is especially true if your child is facing multiple charges. However, they are not without options. West Palm Beach criminal lawyer William Wallshein is a seasoned professional who understands the nuances of an effective criminal defense. He also appreciates what you have to lose and works hard to get the best results for his clients. Call today to schedule a consultation. Let us advise you individually and ask your legal questions. Many attorneys in Florida offer free consultations.
Consent is usually given when there are several persons exercising authority over the property, one of whom has given consent to a defendant to enter or use it. In such circumstances, a defendant cannot be convicted of burglary simply because other persons did not know that the licence had been granted. Under Florida law, it is a criminal offense to enter or stay on someone else`s property if you don`t have permission to do so. This is called trespassing or trespassing. A common scenario would be when an unruly customer enters an establishment such as a nightclub, restaurant or bar when specifically asked to leave. Such an event is generally classified as a misdemeanor, but can escalate into a crime under certain circumstances. You may be charged with a misdemeanor or felony, depending on the situation. If you are charged with an unauthorized offense classified as a second-degree offense, you face up to 60 days in jail and/or a fine of up to $500.
