F.S. 810.08, F.S. 810.09, F.S. 810.095, F.S. 810.098, F.S. 810.0975 – Trespassing Offenses

Trespassing is a commonly charged crime in Florida that often arises from misunderstandings or disputes. While trespassing may seem less serious than offenses like burglary, it can still carry significant legal consequences, including fines, jail time, and a criminal record that could come back to bite you down the road when it comes to opportunities in employment, housing, and education. That’s why it’s a good idea to hire a Fort Lauderdale criminal defense lawyer, even if it doesn’t seem like “that” big of a deal.

Under Florida law, trespassing is defined and penalized under various statutes, each addressing specific scenarios. These include F.S. 810.08 (Trespass in a Structure or Conveyance), F.S. 810.09 (Trespass on Property Other Than a Structure or Conveyance), F.S. 810.095 (Trespass on School Property with a Weapon), F.S. 810.0975 (School Safety Zones, Trespass Prohibited), and F.S. 810.098 (Trespass on College Grounds for Purpose of Threatening or Intimidation).

Here, we explore the statutory elements of Florida’s trespassing laws, discuss penalties and aggravators, and outline potential defense strategies that a Fort Lauderdale criminal defense lawyer can employ in fighting for dismissal, reduced charges, or an acquittal.

Statutory Elements of Florida Trespassing LawsF.S. 810.08: Trespass in a Structure or Conveyance

Under F.S. 810.08, a person commits trespass in a structure or conveyance if they:

1. Willfully enter or remain in a structure or conveyance without authorization, license, or invitation.
2. Refuse to leave after being warned by the owner, lessee, or authorized person.

A "structure" includes buildings or enclosed areas, while a "conveyance" refers to vehicles, trailers, or watercraft. The crime is generally charged as a second-degree misdemeanor, punishable by:

• Up to 60 days in jail
• A fine of up to $500

However, if the individual is armed during the trespass, it becomes a third-degree felony, carrying penalties of up to five years in prison and a $5,000 fine.

F.S. 810.09: Trespass on Property Other Than a Structure or Conveyance

Trespass on property under F.S. 810.09 occurs when a person:

1. Willfully enters or remains on property other than a structure or conveyance without authorization.
2. Ignores a warning or notice against trespassing, which may be delivered verbally or through posted signage.

This statute often applies to open land, fenced property, or marked private areas. Trespassing under this statute is usually a first-degree misdemeanor, punishable by:

• Up to one year in jail
• A fine of up to $1,000

If the property is fenced or enclosed, or if the offender is armed, the offense may escalate to a third-degree felony, similar to trespass in a structure or conveyance.

F.S. 810.0975: School Safety Zone:Trespass Prohibited

F.S. 810.0975 deals with trespassing in a school safety zone, which is defined to mean in, on, or within 500 feet of any real property that’s owned or leased by any public or private elementary, middle, or high school or school board and used for educational purposes. From 1 hour prior to the start of school hours to 1 hour after school ends, you are not allowed to loiter in the school safety zone if you have no legitimate business or authorization to be there.

Violating this Florida trespassing statute is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. However, it’s worth noting that aggravating factors, such as disrupting school functions or refusing to leave, can result in enhanced charges or penalties.

F.S. 810.095: Trespass on School Property with a Weapon

Trespassing on school property is much more serious if you come armed with a deadly weapon or firearm.

F.S. 810.095 is the statute that addresses individuals who enter school grounds with a weapon or firearm. Trespassing on school property with a weapon is a third-degree felony, reflecting the seriousness of potential threats to students and staff. Penalties include up to five years in prison and a $5,000 fine.

F.S. 810.098: Trespass for Purpose of Threatening or Intimidating Another Person

Trespassing on school grounds under F.S. 810.098 involves willfully entering (without being authorized, licensed, or invited to do so) the campus of a state university or Florida College System institution for the purpose of threatening or intimidating another person.

If you do this, and refuse to leave when being asked by the university, it’s a first-degree misdemeanor, an offense punishable by up to one year in jail and a $1,000 fine.

Differences Between Trespassing and Burglary

Trespassing and burglary are distinct offenses under Florida law, although they share some similarities. Trespassing involves unauthorized entry onto property without the intent to commit an additional crime, while burglary, governed by F.S. 810.02, requires both unauthorized entry and intent to commit a felony or theft.

For example:

• A person entering a structure to escape the rain without permission may be charged with trespassing.
• A person entering a structure to steal items may face burglary charges.

The key distinction lies in intent, making it a critical element for prosecutors to prove in burglary cases.

Special Considerations for Juveniles

Juveniles charged with trespassing often face unique considerations. As a Fort Lauderdale criminal defense lawyer can explain, Florida law emphasizes rehabilitation for minors, and courts may offer diversion programs, community service, or counseling as alternatives to detention. Additionally, juveniles can usually have their records expunged upon successful completion of these programs. An experienced criminal defense attorney can advocate for such alternatives, ensuring the minor’s future isn’t derailed by a youthful mistake.

Penalties and Aggravating Factors

The penalties for trespassing vary depending on the circumstances, with aggravating factors significantly increasing the severity of charges. Common aggravating factors include:

• Being armed during the trespass
• Trespassing on fenced or posted property
• Trespassing on school grounds
• Repeated offenses
• Trespassing in violation of a domestic violence injunction or other restraining order

These factors can elevate misdemeanor charges to felonies, leading to harsher sentences and lasting consequences.

Potential Criminal Defense Strategies for Florida Trespassing Charges

Successfully defending against trespassing charges requires a detailed understanding of the circumstances and evidence. A skilled Fort Lauderdale criminal defense attorney may employ several strategies, including:

1. Lack of Intent
   Proving that the defendant did not willfully or knowingly enter the property without authorization can undermine the prosecution’s case. For instance, if the defendant mistakenly believed they had permission to enter, this may negate the element of intent.
2. Lack of Warning or Notice
   Trespassing laws often require a clear warning or notice against entry. If the property lacked signage or the defendant was not verbally warned, this defense could be effective.
3. Lawful Purpose
   If the defendant had a legitimate reason to be on the property, such as retrieving personal belongings or seeking assistance, this defense may apply.
4. Disputed Ownership or Authority
   Cases where property boundaries or ownership are unclear may provide grounds for defense. For example, disputes over easements or shared spaces can complicate trespassing allegations.
5. Illegal Search or Seizure
   Evidence obtained through unlawful means may be inadmissible, weakening the prosecution’s case. An attorney can challenge any Fourth Amendment violations during the investigation or arrest.
6. Juvenile Defense Strategies
   For minors, an attorney may advocate for diversion programs or reduced penalties, emphasizing rehabilitation over punishment.

The Importance of Hiring a Criminal Defense Lawyer

Trespassing charges may seem minor, but they carry serious implications that can affect your reputation, finances, and freedom. An experienced Fort Lauderdale criminal defense attorney can help you navigate the complexities of Florida trespassing laws, identifying weaknesses in the prosecution’s case and advocating for reduced charges or dismissal.

From negotiating plea deals to presenting evidence in court, a skilled lawyer provides invaluable support at every stage of the legal process. Whether you’re facing simple trespass charges or aggravated allegations, having an attorney by your side ensures your rights are protected and your case is handled with expertise.

If you or someone you know is arrested for trespassing in Broward County, you don’t have to confront the criminal justice system on your own. Contact a criminal defense attorney today to explore your options and build a defense tailored to your circumstances.

Contact the Fort Lauderdale Criminal Defense Lawyers at The Law Offices of Richard Ansara by calling (954) 761-4011.

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