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Criminal Trespass in Gainesville, FL

While burglary and criminal trespass are very similar offenses, burglary requires extra elements and acts. Criminal trespass can occur if an individual simply remains on private property beyond their allotted invitation.

Considering that Florida is one of the major tourist destinations in the world, the State is often subject to many criminal trespass claims. Criminal trespass most often occurs on private beaches, docks, and amusement parks. Criminal trespass is often associated with criminal mischief because the crimes often occur concurrently. Many times, during the commission of vandalism or tagging, the individual is also committing criminal trespass. 

Attorney for Criminal Trespass in Gainesville, FL

There are multiple ways to be accused of criminal trespass; some of these ways are more obvious than others. If you or someone you know has been charged with criminal trespass, contact Galigani Law Firm immediately. Do not speak with law enforcement without first securing an attorney.

Our attorneys have handled multiple criminal trespass cases throughout North-Central Florida. In the past, we have taken cases in Starke, Lake Butler, Oscala, Bronson, Trenton, and Lake City, Florida.

With offices located on 317 NE 1st St, just minutes from the University of Florida campus, we represent clients throughout the Gainesville Metropolitan Area including the surrounding counties like Bradford County, Union County, Putnam County, Gilchrist County, Levy County, Columbia County, and Marion County, Florida.

Call (352) 375-0812 to set up a free no-obligations consultation with one of our experienced attorneys.


Types of Criminal Trespass in Florida

Florida law separates criminal trespass based on a number of factors; namely, the type of property that the alleged offender trespassed on, whether there was a weapon involved, or whether there was any damage to the property.

Under the Florida Burglary and Trespass Statute, an individual may be face criminal charges for unlawfully entering a structure, a conveyance (such as a vehicle), or school grounds. Moreover, whether an individual was present at the time of the trespass can also change the level of the penalty. 

Criminal Trespass in a Structure or Conveyance

Under Florida law, to prove that an alleged offender committed trespass in a structure or conveyance, the State must prove, beyond a reasonable doubt, the following:

  1. the defendant willfully entered or remained in a structure or conveyance;
  2. the structure or conveyance was in the lawful possession of the victim; and
  3. the defendant's entering or remaining in the structure or conveyance was without authorization, license, or invitation by the victim or any other person who was authorized to give such permission.

The State may also show that an offender is guilty of criminal trespass of a structure or conveyance by proving the following beyond a reasonable doubt:

  1. the defendant had been invited, authorized, or licensed to enter or remain in a structure or conveyance;
  2. the owner, lessee, or person authorized by the owner or lessee of the structure or conveyance warned the defendant to depart; and
  3. the defendant refused to depart.

Penalties for Fla. Stat. § 810.08 Violations

Criminal trespass in a structure or conveyance is charged as a second-degree misdemeanor, punishable by up to sixty-days in jail and up to $500 fines.

If there is a person inside of the structure or conveyance when the criminal trespass occurs, however, then the trespass is charged as a first-degree misdemeanor, punishable by up to one year in jail and up to $1,000 fines.


Additional Resources

Fla. Stat. § 810.08 – Visit the official website of the Florida Legislature for the full legislative language of the Florida criminal trespass statute. The website also provides information on burglary charges in Florida along with the criminal penalties associated with being charged.

Find a Defense Lawyer for Criminal Trespass in Alachua County, FL

If you or someone you know has been arrested for criminal trespass, then it is imperative that you speak with an experienced criminal defense attorney immediately. Do not speak with the police or talk to anyone about your case until you contact an attorney.

The attorneys at Galigani Law Firm have been fighting for the rights of criminal defendants for years. They have extensive experience in criminal litigation and facing prosecutors head on from start to finish.

Galigani Law Firm has taken battery and aggravated battery cases in the past throughout the Gainesville Metropolitan area in cities like Starke, Lake Butler, Oscala, Palatka, Bronson, Trenton, and Lake City, Florida.

We pride ourselves on sitting with clients and discussing their cases one-on-one and providing counsel every step of the way.

With offices located on 317 NE 1st St, just minutes from the University of Florida campus, we represent clients throughout the Gainesville Metropolitan Area including the surrounding counties like Bradford County, Union County, Putnam County, Gilchrist County, Levy County, Columbia County, and Marion County, Florida.

Call (352) 375-0812 or submit a free online evaluation to learn more about how the attorneys at Galigani Law Firm can help you.

This Article Was Last Updated Friday, May 26, 2017.