Pinellas County Trespassing Charges: Criminal Penalties and Defenses
Trespassing seems like a relatively minor offense and can happen after wandering onto private property, refusing to leave after being asked, or entering a restricted area without realizing it. However, it can have potentially serious consequences, resulting in an arrest, a criminal record, and penalties that affect your life long after.
If you are facing a trespassing charge in Pinellas County, our experienced Clearwater criminal defense attorney explains potential penalties and options to defend yourself.
How Florida Law Defines and Classifies Trespassing
Florida law addresses trespassing in two separate places. Section 810.08 of the Florida Statutes covers trespass in a structure or conveyance, meaning any building, vehicle, vessel, or aircraft. This is a second-degree misdemeanor charge that carries penalties which include a $500 fine and 60 days in jail. If another person was present at the time, the charge escalates to a first-degree misdemeanor, carrying up to one year in jail and a $1,000 fine.
Section 810.09 of the Florida Statutes covers trespass on open property or land. Basic trespass on open land is a second-degree misdemeanor. The charge increases to a first-degree misdemeanor if the person defies a direct order to leave, damages property, or opens fencing in a way that endangers livestock.
Both statutes escalate to a third-degree felony, punishable by up to five years in prison and a $5,000 fine, under the following circumstances:
- The person was armed with a firearm or a dangerous weapon at the time of the trespass.
- The trespass occurred on school grounds, a construction site, a domestic violence shelter, or a critical infrastructure facility.
- The trespass occurred in an airport operational area, which is particularly relevant in Pinellas County given the proximity to St. Pete-Clearwater International Airport.
To get a conviction for trespassing in Pinellas County, prosecutors must prove you knowingly entered or remained on property without authorization. That makes the circumstances surrounding your arrest highly relevant.
Defending Yourself Against Pinellas County Trespassing Charges
Even a fairly minor misdemeanor trespassing conviction in Florida can have significant consequences. This includes lengthy Pinellas County Criminal Court hearings, fines, jail time, and a criminal record. Possible defenses include:
- Lack of notice, meaning no signs, fencing, or verbal warning that entry was prohibited.
- Consent or permission, if the property owner or an authorized agent allowed you to be on the premises.
- Lack of willfulness, if you entered the property by accident or without knowing it was restricted.
- Constitutional or procedural violations, if law enforcement conducted an unlawful stop or search in connection with the arrest.
To determine which defense is likely to work in your particular case, get professional legal help right away.
Request a Consultation With Our Experienced Clearwater Criminal Defense Attorney
Trespassing charges in Pinellas County are a serious matter and can result in harsh penalties. At The Reep Law Firm, our experienced Clearwater criminal defense attorney can review what happened, the circumstances surrounding your arrest, and identify the best possible defense. For trusted, local legal representation, contact us today and request a consultation.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.08.html
flsenate.gov/laws/statutes/2011/0810.09
