Trespassing Defense Lawyer
While many think of trespassing as a fairly minor crime, the reality is that trespassing can actually be prosecuted as a felony, which carries a sentence of up to five years in prison!
Trespassing charges may be filed as a stand-alone offense, or you could be charged with trespassing in conjunction with another incident, such as a burglary or a theft case. In fact, it’s fairly commonplace for trespassing charges to be filed in connection with a case involving shoplifting by a repeat offender who was previously banned from the store.
Whatever led to the trespassing charges, it’s important to seek help from an experienced criminal defense lawyer. You can maximize your chances of seeing a positive case conclusion when you turn to Robin Fuson, P.A., who has handled over 4,000 cases and more than 200 trials.
For the past 23 years, the now-former prosecutor-turned-defense attorney has been working with clients throughout Tampa, Plant City, Brandon and the surrounding area. Attorney Fuson’s law first started as a prosecutor with the Florida State Attorney’s Office, serving as a chief of narcotics prosecution and chief of DUI prosecution. Ultimately, he transitioned from prosecution to criminal defense, which has been his area of focus for more than 15 years now.
Before he started winning cases in the courtroom, Attorney Fuson was racking up big wins on the baseball diamond as a professional baseball player for Boston, Cleveland, Seattle and Oakland. His career – which led to two championship rings and even a World Series ring – solidified the importance of a solid strategy and winning game plan. These skills, combined with his experience, mean he’s sure to be your legal team’s MVP, helping you maximize your chances of seeing a win!
Attorney Fuson makes it a point to give his clients individualized attention, even providing his personal cell phone number and tending to legal issues at all hours of the day and night. After all, the justice system never sleeps!
If you or a loved one are facing charges of criminal trespassing, defense lawyer Robin Fuson, P.A. is here to represent your case. Arrange a confidential case evaluation by calling 813-933-6807.
Florida Trespassing Cases: Common Questions and Concerns
Trespassing doesn’t get a lot of press coverage, so many Floridians have very little knowledge concerning what constitutes trespassing and what potential penalties this offense carries. So we’ve compiled an overview of the most common questions on this topic.
What’s the Definition of Trespassing in Florida?
Florida law defines trespassing as the act of entering a property without permission and authorization. It can apply to a home, undeveloped land, businesses, and beyond.
There are two basic types of trespassing in Florida:
- trespassing in a structure or conveyance; or
- trespassing on property other than a structure or conveyance.
Trespassing cases occur when someone enters another person’s property. If you receive a verbal “no trespass” order or if there are “private property” or “no trespassing” signs present, this can be grounds for arrest for trespassing.
Another scenario that can lead to trespassing involves a situation where an individual who was once allowed in a location – like an office, a bar or a rented apartment – refuses to leave the property after being instructed to do so. Or the person returns to the property after they are no longer permitted to be there.
Additionally, in Florida, if you were to enter farmlands used for crops or cultivation, you are subject to arrest for trespassing even if there are no signs posted and no verbal warnings are issued.
Some cases involving trespassing involve shoplifters who have been banned from a store with a “no trespass” order. On occasion, the individual may return, and in doing so, they get caught on the premises, resulting in an arrest for trespassing. Trespassing charges can also be filed in connection with a burglary-type incident.
Is Trespassing a Misdemeanor or Felony?
In most cases, trespassing is a misdemeanor crime. But there are some cases where the trespassing charge may be escalated to a more serious felony offense. For example, trespassing on a construction site in Florida is virtually always prosecuted as a felony.
In addition, it’s not uncommon for an individual to face other criminal charges, such as resisting arrest, resisting arrest without violence and disorderly intoxication.
What’s the Penalty for Trespassing?
In Florida, trespassing in a structure or conveyance is most often charged as a second-degree misdemeanor, which carries a maximum penalty of 60 days in jail.
If a person is present inside the structure in question, the crime is escalated to a first-degree misdemeanor, which carries a maximum penalty of one year in jail.
If the defendant is found to be in possession of a firearm or another dangerous weapon, the case may be prosecuted as a third-degree felony, carrying a maximum of five years in prison.
Charges of trespassing on a property other than a structure or conveyance are most often prosecuted as a first-degree misdemeanor, which carries a maximum penalty of one year in jail.
In cases where the suspect is found to be in possession of a dangerous weapon or firearm, the case is charged as a third-degree felony, with a maximum penalty of five years in jail.
In addition to the possibility of jail time, all of these offenses can carry a fine. Generally, a first-time offender is not sentenced to jail for a more minor misdemeanor charge. But cases involving repeat offenders are far more likely to result in incarceration.
What is trespassing in Florida and when is it a crime?
Trespassing is being on the property of another person where you have no right to be.
How can trespassing in Tampa be proven?
You have to have a warning before you can be guilty of trespassing. The warning comes in several ways, simply you can be warned to stay away in writing or verbally from the property. The property can be fenced. There can be a sign posted “No Trespassing” or the land can be cultivated, an orange grove, a field of corn, etc. Basically, land that would let someone of normal intelligence know, this is someone else’s, and I don’t belong here.
How can I combat trespassing charges?
By disproving the things mentioned in the paragraph above.
How can a Tampa defense attorney help with my trespassing case?
By helping to disprove the things mentioned in the paragraph above.
Hire a Top Florida Trespassing Lawyer to Defend Your Criminal Case
Whether you’re facing a single charge of trespassing or need help defending against trespassing and other serious criminal allegations, such as burglary or shoplifting, you need an experienced lawyer.
With more than 4,000 cases and over 200 criminal trials to his credit, Florida defense lawyer Robin Fuson is available to assist clients who stand accused of assault and battery or another violent crime in Tampa, Brandon, Plant City.
If you or a loved one have been arrested for assault and battery or another criminal offense, contact the law offices of Robin Fuson, P.A. to arrange a fully confidential, no-cost case consultation session. Call 813-933-6807.