Have you been arrested for trespassing in the Florida Keys? If you are convicted, here is the punishment for trespassing. Under Florida law, there are two types of criminal trespass—Trespass in Structure or Conveyance and Trespass on Property Other Than Structure or Conveyance. How penalties are applied for breaking these trespassing laws will vary depending on a variety of factors.
Trespass in Structure or Conveyance
Section 810.08 addresses what Trespass in Structure or Conveyance is and how criminal penalties are applied.
Definition: A person is in violation of Trespass in Structure or Conveyance when they enter a 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(mode of transport) without permission of the owner or other authorized person or if they remain after permission has been revoked.
Misdemeanor Charge
If there is no other person in the structure or conveyance when this trespass law is violated then it is considered a 2nd degree misdemeanor in the State of Florida and is punishable by up to 60 days in jail.
If there is another person in the structure or conveyance when the accused has violated this trespass law then it is considered a misdemeanor of the 1st degree and is punishable by up to one year in jail.
Felony Charge
If the accused uses a firearm or other weapon considered dangerous by the court when violating the Trespass in Structure or Conveyance law, they will be charged with a 3rd degree felony and face up to 5 years on prison.
Trespass on Property Other Than Structure or Conveyance
Section 810.90 of the Florida Statutes addresses what the Trespass on Property Other Than Structure or Conveyance is and how criminal penalties are applied.
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.
Misdemeanor Charge
If a person is found guilty of Trespass on Property Other Than Structure or Conveyance it will be considered a first degree misdemeanor and is punishable by up to one year in jail.
Felony Charge
If the person found guilty of Trespass on Property Other Than Structure or Conveyance had a firearm or other dangerous weapon while trespassing it will be considered a 3rd degree felony and is punishable by up to 5 years in prison.
If you’ve been charged with trespassing, speak with a Key West attorney who has experience in criminal law.