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Trespassing
Trespassing Laws in Florida
Trespassing Laws in Florida
Trespassing in Florida is defined as entering or remaining on someone else's property without permission or after being asked to leave. While it may seem like a minor offense, trespassing can carry serious criminal penalties, especially when it involves certain types of property or repeat offenses.
Florida law distinguishes between two main categories of trespass:
Trespass on Property (Fla. Stat. § 810.09)
This occurs when a person willfully enters or remains on land or in a structure without authorization. If the property is unenclosed and unmarked, it may be difficult to prove criminal intent — but if the area is clearly posted with “No Trespassing” signs or fenced, charges are more likely to stick.
If unarmed, this is typically a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine.
If the person is armed or the trespass occurs on a construction site or agricultural property, it can be elevated to a third-degree felony, with up to 5 years in prison.
Trespass in a Structure or Conveyance (Fla. Stat. § 810.08)
This refers to unlawfully entering or remaining in a building, dwelling, or vehicle. It is treated more seriously due to the potential for confrontation or theft.
Unarmed trespass in an unoccupied building is a second-degree misdemeanor, punishable by up to 60 days in jail.
If the building is occupied or the individual is armed, the charge may be upgraded to a felony.
Other Factors That Affect Trespass Charges
Other Factors That Affect Trespass Charges
Refusing to leave after being asked by the property owner or law enforcement can strengthen the prosecution’s case.
Trespass during protests, civil demonstrations, or at schools or public buildings may lead to enhanced penalties.
In some cases, what begins as a trespass can be charged alongside burglary, vandalism, or assault, depending on the circumstances.
How Crag Chaderton Law Can Help
How Crag Chaderton Law Can Help
Trespass cases often involve misunderstandings, unclear property boundaries, or lack of intent — all of which are crucial in building a defense. At Crag Chaderton Law, we challenge vague evidence, question whether proper signage or warnings were in place, and look for legal alternatives like dismissals, diversion programs, or reduced charges.
If you’ve been accused of trespassing in Florida, don’t face it alone. Your freedom, record, and reputation matter — and we’re here to defend them.
Our Strategy for Defending Trespassing
Trespassing may seem like a minor offense, but in Florida, it can lead to jail time, fines, and a permanent mark on your criminal record. At Crag Chaderton Law, we know that many trespassing cases are rooted in misunderstandings, vague property lines, or overly aggressive enforcement. That’s why we take every charge seriously — and build a smart, personalized strategy to protect your rights and future.
Our defense starts with a careful analysis of the facts and property involved. We assess whether the area was clearly marked, whether lawful notice was given to leave, and whether you had permission, legal authority, or a mistaken belief of access. If law enforcement made assumptions without proper warning or signage, we use that to challenge the validity of the charge.
In cases where the evidence is strong but the circumstances are not malicious — such as first-time offenses or non-violent situations — we advocate for pretrial diversion, community service, or other alternatives to conviction. For more serious cases, such as trespassing on school grounds or construction sites, we are prepared to go to trial and fight the charges vigorously.
At Crag Chaderton Law, your case is never just a file. It's your reputation, your livelihood, and your peace of mind. Let us put our experience to work and fight for the best possible outcome — every step of the way.
Charged with Trespassing?
Let Crag Chaderton Law Fight for You.
Whether you’ve been accused of entering private property, overstaying permission, or being somewhere you believed was public, we’re here to protect your future. Call us today for a confidential consultation and get the legal defense you deserve.
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Protect Yourself from Trespassers
Protect Yourself from Trespassers
Post Clear “No Trespassing” Signs
Place signs at all entry points and along property lines, especially in visible areas.Install Fencing or Barriers
Use fences, gates, hedges, or natural barriers to clearly define and secure your property.Use Outdoor Lighting
Keep your property well-lit at night, especially around entry points and secluded areas.Install Security Cameras
Surveillance systems act as both a deterrent and evidence in case of a trespassing incident.Keep Entry Points Locked
Always lock gates, doors, and windows — even if you're home or away for a short time.Maintain Property Appearance
A well-maintained yard and clean surroundings signal that the property is cared for and watched.Set Up Motion Sensors or Alarms
Alarm systems or motion-activated lights can startle intruders and alert you in real-time.Limit Access to Driveways and Pathways
Use barriers or signage to direct where visitors may or may not go.Talk to Your Neighbors
Build relationships with nearby residents so you can look out for each other and report suspicious activity.Contact Law Enforcement Promptly
If someone enters your property without permission, document it and report it to the authorities.
🚫 Accused of Trespassing? Don’t Face It Alone.
Whether it was a misunderstanding, unclear property lines, or a simple mistake — a trespassing charge in Florida can lead to fines, jail time, and a permanent mark on your record.
📞 Call Crag Chaderton Law today
(321) 443 7481
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