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Orlando Trespass Lawyer


 In Florida, there are many types of trespass offenses including trespass to a structure, properly, or conveyance (for example, an automobile). The fact is, it's not at all unusual for someone to be accused of trespassing and not even be aware he/she was trespassing. The crime of trespass can be charged as a misdemeanor or felony, depending on the type you are charged with, and the circumstances. At Adams & Luka, our Orlando criminal defense attorneys work diligently on behalf of clients in an effort to obtain the best possible results. Our goal is to protect your legal rights and prevent damaging criminal penalties when possible.

Under Florida Statute §810.08(1), trespass is defined as someone who willfully enters or remains on any property or in any structure or conveyance without being authorized or invited, or licensed; or, someone who has been invited, authorized, or licensed however is warned by the owner or lessee to leave and refuses to do so. Willfully in this case means purposely, knowingly, or intentionally.

Defenses to Charges of Trespass on Property, in Structure or Conveyance in Florida

In every criminal case, the state must prove specific "elements" of the offense beyond a reasonable doubt. In the case of trespass in a structure or conveyance, the prosecutor must prove that:

  • The defendant intentionally entered a structure/conveyance or remained in the structure/conveyance having been given permission to enter, and knowingly refused to leave after given warning by the owner, lessee, or agent of the owner/lessee;
  • the person alleging trespass had lawful possession of the structure/conveyance;
  • the person alleging the trespass did not give permission, either express or implied, for the defendant to enter or remain in the structure/conveyance.

The elements necessary to prove trespass of property include:

  • The defendant intentionally entered the property or remained on the property alleged by the accuser;
  • the person/entity claiming trespass was the owner or in lawful possession of the property
  • posting, fencing, cultivation, or actual communication had been given in notice to the defendant not to enter upon or remain on the property, and
  • the person or entity claiming the trespass did not give permission, express or implied, for the defendant to enter or remain on the property.

In many cases, Orlando trespass defense lawyers will defend the client by attempting to prevent the prosecutor from proving each and every element. Depending on the circumstances and actual trespass offense, common defense strategies include:

  • Express or implied invitation to enter or remain
  • Notice not properly posted
  • Defendant's presence disputed by facts or evidence
  • Once invited, the alleged trespasser was not told to depart
  • Property owner's agent had no authority to prevent entry or order removal
  • Alleged trespasser received conflicting communications
Criminal Penalties for Trespass of Property, in Structure or Conveyance in Orlando & Central Florida

The penalties an individual will face if convicted of trespass will depend on the type of trespass, criminal history, and other factors.

Trespass in a structure or conveyance is usually charged as a second-degree misdemeanor, however it can be charged as a first-degree misdemeanor if another person was present at the time the trespass took place. A second-degree misdemeanor will result in a maximum of 60 days in jail, while a first-degree misdemeanor will result in a maximum of one year in jail. However, the presence of a dangerous weapon or firearm may result in up to five years in prison, as this is a third-degree felony.

Trespass on property is typically a first-degree misdemeanor leaving the defendant facing a maximum of one year in jail, however this offense may also be charged as a third-degree felony when a dangerous weapon/firearm was in the possession of the alleged offender. Again, a third-degree felony charge may result in a maximum of five years in prison.

Contact Adams & Luka Immediately

As you can see, an offense as seemingly harmless as trespass can leave you facing loss of your freedom, along with a permanent criminal record. At Adams & Luka, our Orlando trespass defense attorneys are skilled, experienced, and aggressive. We are committed to excellent results, and invite you to call us now at (407) 872-0307 or (352) 787-2101 for a free consultation.

Client Reviews

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink