Miami Trespassing Lawyer

Trusted Trespassing Attorney in Miami, FL

According to Florida Statutes Section 810.08, et seq, the crime of criminal trespass involves willfully entering or remaining on someone’s property without their express or implied consent. A charge of trespassing can result in jail time, steep fines, and probation. A conviction for trespassing will also go on an offender’s permanent record, affecting where they can live and work. For these reasons, if you have been charged with trespassing it is imperative that you hire a skilled Miami trespassing lawyer from Jeffrey S. Weiner, P.A. today. Our firm has years of experience when it comes to handling property crimes, and our passionate legal team will do everything in our power to protect your freedom.

Trespassing in the State of Florida

In Florida, there are two different types of trespassing charges. Trespass in a structure or conveyance involves an individual willfully entering any type of structure without proper authorization. It also applies in cases where an individual had proper authorization, but was asked to leave and chose to remain. Trespass in a structure or conveyance is generally a second-degree misdemeanor charge, with convictions usually resulting in up to 60 days in jail. That said, you may be charged with a first degree misdemeanor and receive a prison sentence of up to 5 years if you are convicted of trespassing while carrying a firearm or dangerous weapon.

The second type of trespass charge simply refers to willfully entering or remaining on any property that is not a structure or conveyance without permission, license, or invitation. Once again, this is usually a first degree misdemeanor charge, punishable by up to a year behind bars, though trespassers carrying a dangerous weapon or firearm may be charged with a third degree misdemeanor and be sentenced to as many as 5 years in prison.

How to Defend Against a Trespassing Charge

The key to successfully prosecuting a trespassing charge in the state of Florida is proving the accused was aware of the fact that they were trespassing. In many cases, it is possible to refute this assertion, such as in instances where the accused thought they had an implied invitation, or were not specifically told to leave the property in question.

At Jeffrey S. Weiner, P.A., we may be able to get the court to throw out a trespassing charge due to:

• Lack of communication
• Lack of intent
• Lack of notice
• Improper notice
• Express or implied invitations to remain
• Withdrawal of request to leave