Trespassing Violations Attorney in Orlando

What Is Considered Trespassing in Orlando, Florida?

Under Florida Statute § 810.08, trespassing occurs when a person enters or remains on another’s property without permission or authorization. The law applies both with and without a prior warning, meaning you do not need to have been told to leave before a charge can be filed. Common situations that lead to trespassing allegations in Orlando include:

• Unauthorized Entry: Entering onto someone else’s property without their consent, or exceeding the scope of any permission granted, is considered trespassing. This includes entering private residences, businesses, fenced-off areas, and posted private property.
• Refusal to Leave: Remaining on someone’s property after being asked to leave by the owner, occupant, or authorized person constitutes trespassing. Ignoring a verbal or written request to depart can lead to trespassing charges, even if the initial entry was lawful.
• Posted “No Trespassing” Signs: Property owners have the right to prohibit unauthorized individuals from entering their premises by posting visible “No Trespassing” signs. Ignoring these signs and entering the property without permission constitutes trespassing under Florida law.
• Construction Sites: Unauthorized entry or presence on construction sites, including fenced-off areas or areas marked with warning signs, constitutes trespassing. Construction sites are often hazardous, and unauthorized individuals pose a safety risk to themselves and others.
• School Grounds: Trespassing on school grounds, including school buildings, athletic fields, and playgrounds, without authorization is prohibited. Schools are considered sensitive areas, and unauthorized individuals may pose a risk to students, staff, and property.
• Railroad Property: Entering or remaining on railroad tracks, bridges, or other railroad property without authorization is considered trespassing and poses significant safety hazards.
• Refusal to Vacate Public Property: In some cases, individuals may be charged with trespassing for refusing to leave public property, such as parks, government buildings, or recreational areas, after closing hours or during designated curfew times.

Many people arrested for trespassing in Orlando feel they were treated unfairly — and in many cases, that instinct is correct. An arrest does not mean a conviction, and a strong defense can make a significant difference in how your case resolves.

Potential Penalties for a Trespassing Conviction in Orlando, Florida

The penalties for trespassing in Florida depend on the circumstances of the offense and any aggravating factors involved. It is important to understand what you may be facing so you can make informed decisions about your defense.

Trespassing is most commonly charged as a first-degree misdemeanor, which carries up to one year in jail and fines of up to $1,000. In less serious situations, it may be charged as a second-degree misdemeanor, with a maximum of 60 days in jail and fines up to $500. Certain circumstances can elevate the charge, including trespassing on school grounds, construction sites, or railroad property. Repeat offenses may also result in harsher penalties, longer sentences, and additional conditions like probation or community service.

Beyond criminal penalties, a trespassing conviction results in a permanent criminal record. That record can affect your ability to find employment, secure housing, and maintain professional licenses. Property owners may also pursue civil liability for any damages caused, adding financial consequences on top of criminal ones.