810.09 Trespass on Property Other Than Structure or Conveyance
The statute describes this crime as any person who, without authorization, or invitation enters or remains on any part of property other than a structure or conveyance. The area has provided notice against entering or remaining either by actual communication to the offender or by posting (signs), fencing, or cultivation as described in Florida Statute 810.011. If the property is unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense other than the offense of trespass, commits the offense of trespass on property other than a structure or conveyance.
Bradford is commonly asked What is curtilage? Curtilage includes the area immediately surrounding a house or dwelling, and it counts as part of the home for many legal purposes, including searches and many self-defense laws. When considering whether something is in a dwelling's curtilage, courts consider four factors, the proximity of the thing to the dwelling; Whether the thing is within an enclosure surrounding the home; What the thing is used for and What steps, if any, the resident took to protect the thing from observation/ access by people passing by.
If the trespasser resists an order to leave that was personally communicated to the trespasser by the owner of the premises or an authorized person, or if the Trespasser intentionally opens any door, fence, or gate or does anything that exposes animals, crops, or other property to waste, destruction, or freedom; If a trespasser unlawfully dumps litter on property, the trespasser commits a misdemeanor of the first degree, punishable as provided in Florida Statute 775.082 or Florida Statute 775.083.
What is a Misdemeanor of the first degree? First-degree misdemeanors are the most serious misdemeanors in Florida, punishable by jail terms of up to one year and fines of up to $1,000. That’s why if you have been arrested or charged with this crime your first call should be to Fort Lauderdale/Miami Defense Attorney Bradford Cohen at our offices at 1888COHENLAW.
If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself while committing the crime of trespass on property other than a structure or conveyance has committed a felony of the third degree, punishable as provided in Florida Statutes 775.082, 775.083, or 775.084. Additionally, if the owner reasonably believes that someone on the premises is trespassing and is armed the owner or person authorized by the owner may take the trespasser into custody and detain them in a reasonable manner, for a reasonable length of time. Once the person is taken into custody, it is mandatory that law enforcement be called as soon as possible after the person has been taken into custody. The statute even protects the person detaining the trespasser by stating that if the detention is done in compliance with the requirements of the Statute, that person is not criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
Bradford commonly is asked, is it trespassing if it is a construction site? Yes, the Statue specifically says that If the property trespassed is a construction site that is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY." There are other areas that if specifically labeled in a similar manner are too considered a felony trespass such as:
“THIS AREA IS DESIGNATED COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
“THIS AREA IS A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
If anyone is caught without authorization on areas marked like the above-mentioned, the trespasser has committed a felony of the third degree.
Well, What is a felony of the third degree? Felonies of the third degree may be the least serious types of felonies in Florida but a conviction can result in punishment by up to five years in prison and a fine of up to $5,000. That’s why if you have been arrested or charged with this crime your first call should be to our office at 1888COHENLAW.
Here at Bradford Cohen Law we want to help you in your Trespass on property other than structure or conveyance. We will aggressively fight the charges pending against you. Call our office at 1888COHENLAW to discuss your case and let our law firm use our years of experience in Criminal Defense assist you in obtaining a fruitful resolution to your case whether you are in the Fort Lauderdale, Miami, Dade or West Palm Beach areas. Bradford Cohen has been very successful in defending these types of crimes throughout his career