In this blog, we look at the legal defenses for trespassing. In the State of Florida, there are two types of criminal trespass—Trespass in Structure or Conveyance and Trespass on Property Other Than Structure or Conveyance. Fortunately, there are many defenses to a trespassing charge. Let’s take a closer look.
Trespass in Structure or Conveyance
A person is in violation of Trespass in Structure or Conveyance when they enter structure such as a building or any conveyance (mode of transport) without permission of the owner or other authorized person or if they remain after permission has been revoked. (source)
Trespass on Property Other Than Structure or Conveyance
Definition: A person is guilty of Trespass on Property Other Than Structure or Conveyance when they willfully and without authorization enter a property that is not a structure or conveyance. For example, someone who trespasses on farmland might be considered trespassing on property that is not a structure or a conveyance. (source)
Defenses To Trespassing
There are a variety of defenses to the charges of Trespassing in Florida. Let’s take a look at some of the most common defenses.
Trespass Case Sample
In the case of Reginald L. Smith v. State of Florida, the defendant was found not guilty of trespassing because the officer did not witness the crime and because he was not given proper notice to leave the property.
As two St. Petersburg police officers were watching a twenty-four-hour-a-day convenience store from across the street, they observed Smith walking around the parking lot. Over a ten-minute period, they saw Smith talking to patrons at the gas pumps, to people using the pay telephone and to others in the parking lot. The officers drove over to the store. As soon as Smith saw them approaching in their police cruiser, he went inside. The officers followed him in, brought him back outside to the parking lot and arrested him for trespass. (source)
The court found that the parking lot did not have a “no trespassing” sign in accordance with state law therefore they had not given proper notice to the defendant. They also found that in the case of properties that are open for business, they must give a direct notice to the trespasser that they are not welcome on the property.
If you have been arrested for trespassing, there are legal defenses and factual defenses that could get your case dismissed. Call experienced criminal defense lawyers, so we can evaluate your case and all your possible legal defenses.