No matter how small the charge pending against you, proper criminal representation is important. Fort Lauderdale Criminal Lawyer Bradford Cohen has been representing individuals accused of trespass and other misdemeanor crimes for over 12 years. Bradford fights misdemeanor charges as vigorously and aggressively as felony criminal charges. Don't leave your future up to someone who will simply "plea" your case without doing the proper investigation. Please see our "recent victories" section on the type of cases we have handled and the results we have obtained.So what is Florida Statute 810.08 Trespass in structure or conveyance?
The statute explains that anyone without authorization who intentionally enters a structure or anyone who has been authorized, but is warned, by the owner or lessee of the premises or anyone else who is capable of authorizing your presence to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.
So the next question Bradford is often asked is what degree of crime is it? A felony? A misdemeanor? Well, that depends on the circumstances and facts of your case. A trespass on the premises for which someone was asked not to return, say, for example, have been banned from the local casino and have returned for a night of gaming, Florida Statute 810.08 considers that to be a trespass in a structure or conveyance as a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
What is a misdemeanor of the second degree? Misdemeanors of the second degree may be the least serious misdemeanors in Florida, but a conviction can result in a jail term of up to 60 days and a fine of up to $500. That’s why if you have been arrested or charged with this crime your first call should be to our office at 1888COHENLAW.
However, if you trespass in a structure or conveyance and there was a human being in the structure or conveyance at the time the of the trespassing, or attempted trespass, say for example, someone entered a home without permission or authorization, and there was someone in the home when that someone trespassed, the crime is then bumped up to misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 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 in the structure or conveyance, the trespass in a structure or conveyance is 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 is practicable 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.
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 in structure or conveyance case. 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.
- 810.08 Trespass in Structure or Conveyance
- 810.09 Trespass on Property Other Than Structure or Conveyance
- 810.095 Trespass on School Property With Firearm or Other Weapon Prohibited
- 810.097 Trespass Upon Grounds or Facilities of a School; Penalties; Arrest
- 810.0975 School Safety Zones; Definition; Trespass Prohibited; Penalty