Have you been arrested or charged with Trespassing in Broward, Miami or Palm Beach County?You should immediately consult with a proven, highly-skilled and experienced Broward, Palm Beach or Miami Criminal Defense Lawyer who has fought cases under the law of Trespassing and related offenses as soon as possible to make sure that your rights are properly protected. The Office of Dell & Schaefer has represented thousands of criminal defendants in the tri county area and throughout Florida since 1979 and knows the proven defenses that work in and out of court.
Choosing a criminal defense lawyer to represent you after being arrested on charges of Trespassing is a very important decision you need to make very soon. Florida Law categorizes most Trespassing and Trespass related crimes to be Misdemeanors, although depending on where you are and what you are alleged to have done you could be charged with a Felony.
Types of Trespassing Include:
- Trespass in Conveyance
- Trespass on Property
- Trespass on School Grounds
- Trespass in Structure
- Trespass on Construction Site (3rd Degree Felony)
Penalties for Trespassing
Depending on a variety of factors and what the police claim you did, you could potentially be charged with any number of different Trespass related charges:
- Punishable up to:
- Maximum 60 days in jail
- Maximum 6 months probation
- Maximum $500.00 fine
- Punishable up to:
- Maximum 5 years in prison
- Maximum 5 years of probation
- Maximum $5,000.00 fine
Florida law provides several Enhancements or Aggravators which can turn a simple 2nd Degree Misdemeanor Trespass into either a 1st Degree Misdemeanor or even a Felony.
Enhancements / Aggravators:
- Premises were occupied
- Location of incident
- Possession of a weapon or firearm at time of trespass
As you can see above, Florida Law provides several different types and degrees of Trespassing along with several potential Sentence Enhancements or Aggravators to increase the potential penalty you are facing. When you hire the office of Dell & Schaefer, you are hiring a firm with over 30 years of experience defending clients charged with Trespass and Trespass related charges in the State of Florida. Call today for a Free Consultation 24 hours a day 7 days a week.
Issues a Trespass Offense Will Make
Each case is different, but at the core of any Trespassing Crime Case, the state attorneys office has to prove beyond a reasonable doubt that you willfully and knowingly entered or remained without authorization on property, conveyance or in a structure. The state could also seek to prove that you refused to leave property, conveyance or structure after being ordered to do so by an authorized person. What this means is that the state must prove that you had the intent to enter or the intent to remain somewhere you knew you were not allowed to be. This brings up issues involving:
- Lack of intent to enter or remain somewhere
- Insufficient warning
- Lack of authority of person giving order to leave
- Previous permission to enter or remain on premises
If the state is not able to meet their burden of proving every element beyond and to the exclusion of every reasonable doubt, the case can be dismissed and your record could potentially be expunged!
First time being arrested?
Is this the first time you have been arrested or charged with a Resisting or Obstructing Charge? Call now to ask about potential enrollment in Pre-Trial Diversion programs for first time offenders. While not really a defense to the charge, a pretrial intervention program is a method of resolving your criminal charges without going to trial. Completing a pre-trial diversion program could be an available means to have your charges dismissed and then later sealed or expunged from your record. Call today to find out more. Lead Attorney Grant Schwarz is available 24 hours a day 7 days a week to discuss your charges, even holidays and weekends. Call 954-620-8320 or email at Grant@dnslaw.com.
Broward County, Miami, and Palm Beach Trespass Lawyer
It is important that you contact the office of Dell & Schaefer to speak with an experienced and knowledgeable criminal defense attorney. Attorney Grant Schwarz is a former prosecutor and knows how the state attorney’s office prosecutes these cases and knows how to properly defend his clients in an ethical and aggressive manner. Grant Schwarz has been awarded a 10.0 out of 10.0 rating on Avvo.com and has been chosen as a Clients Choice in 2013. In addition, Attorney Grant Schwarz has been selected by the National Trial Lawyers as a 100 Trial Lawyer in South Florida.