Is Trespassing a Felony in Florida?
Direct Answer: Yes, trespassing can be a felony in Florida under certain circumstances. Florida has several laws governing trespassing, and the severity of the offense can depend on the specific circumstances and the person’s prior criminal history.
Trespassing Laws in Florida
Florida Statutes define trespassing as unauthorized entry or remaining on property, which can include land, buildings, or waterways. The laws outline various types of trespassing, including:
- Simple Trespassing: Entering or remaining on someone else’s property without permission. (§ 810.09)
- Trespassing on Posted Property: Entering or remaining on posted property, such as private property with signs warning of trespassing. (§ 810.12)
- Trespassing in a Structure: Entering or remaining in a structure, including buildings, vehicles, or boats, without permission. (§ 810.08)
Felony Trespassing in Florida
Trespassing can become a felony in Florida if it is committed:
- While Armed with a Deadly Weapon: Committing trespassing while possessing a weapon, including a gun, knife, or any object that could be used to cause harm. (§ 810.095)
- As a Third or Subsequent Offense: Committing simple or posted trespassing for the third or subsequent time within five years. (§ 810.09(3))
- Against a Protected Building or Dwelling: Entering or remaining in a building or dwelling designed for residential, commercial, or industrial purposes without permission, including public schools, churches, hospitals, or other protected properties. (§ 810.08(3))
Consequences of Felony Trespassing in Florida
Felony trespassing in Florida can lead to:
- Maximum Sentences: Up to five years in prison, with a minimum of one year in prison, for the armed or second or subsequent offense. (§ 810.09, § 810.095)
- Fine: Up to $10,000. (§ 810.09)
- Probation: A period of probation may be imposed in addition to imprisonment.
- Enhanced Sentencing: The judge may consider the offense to be a "ringleader" offense, enhancing the sentence. (§ 921.146(3))
Defenses Against Trespassing Charges
It is crucial to consult with an experienced criminal defense attorney to evaluate the specific circumstances of your case and explore potential defenses. Some possible defenses may include:
- Insufficient Proof of Ownership: Questioning the property owner’s rights to the land or structure.
- Invitation or Permission: Demonstrating that you were invited or given permission to enter the property.
- Emergency Circumstances: Arguing that the entry was necessary to address an emergency situation.
- Lack of Notice: Claiming that the property was not posted with adequate notice of trespassing laws.
Table: Comparison of Simple and Felony Trespassing in Florida
| Element | Simple Trespassing (Misdemeanor) | Felony Trespassing |
|---|---|---|
| Type | Misdemeanor | Felony |
| Maximum Sentence | 60 days to one year | Up to 5 years |
| Fine | Up to $1,000 | Up to $10,000 |
| Armed Offense | Not applicable | Automatically becomes a felony |
| Second or Subsequent Offense | Enhances penalty, but does not become a felony | Becomes a felony |
| Protected Buildings/Dwellings | Not a specific consideration | Must be a protected building or dwelling |
In conclusion, while simple trespassing in Florida is a misdemeanor offense, it can escalate to a felony offense under certain circumstances. Understanding the specific laws and penalties can help individuals avoid trespassing in the first place or mitigate the consequences if charged with the offense. If you or someone you know has been charged with trespassing in Florida, it is essential to seek the guidance of an experienced criminal defense attorney to explore available defenses and potential penalties.
