(152) What is Trespass in FL?  Michael A Haber Miami Criminal Defense DUI BUI Lawyer
Channel: Michael Haber
Date: 23/03/2017

Thank you for asking me “What is Trespass in FL?”

Trespass is a lesser included offense of burglary.  In fact, if burglary had a son, then burglary’s son would be trespass.

The main difference between trespass and burglary is your intent.  
For you to commit a burglary, at the time that you enter you must already have had the intent to commit another crime; but with trespass you do not have to intend to commit a crime at the time that you enter, rather, for trespass just have to enter the property of another without either permission or authority. 

To be convicted of trespass in FL the State has to prove that you either 1) Willfully entered or remained in some place, and that at that time you did not have “authorization, license or invitation” from someone authorized to give permission for you to be there; or 2) that while you had lawfully been wherever you were you were A) directed by someone with legal authority to leave and B) you refused to do so.

Like a burglary a trespass can occur in any sort of a structure or a conveyance, but a trespass can also occur on other property, such as the unenclosed curtilage of a residence, a parking lot, even a public area like a beach or a park, provided that notice not to enter or remain in that location was either directly communicated or properly posted.

Trespass is usually a 1st degree misdemeanor (punishable by up to 364 days in jail), but it can be a 2nd degree misdemeanor (punishable by up  to 60 days in jail) or it can be aggravated up to a 3rd degree felony (punishable by up to 5 years in state prison) if you are armed or enter certain specific area (like posted construction sites). 

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Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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