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Trespassing Violations Attorney in Orlando

A Brief Summary of the Following Article

  • Trespassing Defined: Florida law considers entering another’s property without permission or overstaying after being asked to leave as trespassing, encompassing areas from private residences to construction sites.
  • Common Trespassing Scenarios: Unauthorized entry, refusal to leave, ignoring “No Trespassing” signs, entering construction sites, school grounds, railroad property, or refusing to vacate public property can all lead to trespassing charges.
  • Potential Penalties: Trespassing convictions in Orlando can lead to first or second-degree misdemeanors, enhanced penalties for aggravating factors, civil liabilities for damages, and a permanent criminal record.
  • The Wiseman Law Firm: Attorney Simon Wiseman provides compassionate and effective legal representation for various crimes, including trespassing violations, leveraging deep knowledge of Florida’s laws to defend clients.

Whether you were enjoying a leisurely stroll on what you thought was public property or you refused to leave a downtown bar after getting a little rowdy, you could find yourself facing trespassing allegations. Perhaps it was a misunderstanding, a momentary lapse in judgment, or simply being in the wrong place at the wrong time. Regardless of the circumstances, being accused of trespassing can come with severe penalties.

The Wiseman Law Firm, led by Attorney Simon Wiseman, provides compassionate and effective legal representation to individuals facing charges for various crimes, including trespassing violations. With a deep understanding of Florida’s trespassing laws and a track record of success in defending clients against similar charges, Attorney Wiseman is prepared to fight tirelessly to safeguard your rights and achieve the best possible outcome for your case.

What Is Considered Trespassing in Orlando, Florida?

Under Florida Statute 810.08, when someone enters another’s property without permission or after receiving an instruction not to, it is considered a trespass with or without warning. Common examples of trespassing 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 this crime feel they have not done anything wrong and the police officer or authority figure treated them unfairly. Oftentimes, this is true, and it is an abuse of power. In such situations, having a skilled trespassing violations attorney can make all the difference. Attorney Wiseman can review the details of your case, assess the legality of the arrest or accusation, and craft a strong defense strategy to protect your rights and interests.

Potential Penalties for a Trespassing Conviction in Orlando, Florida

Trespassing in Orlando can result in both criminal and civil penalties, depending on the circumstances of the offense and the severity of the trespass. If convicted, you could face penalties such as:

  • First-Degree Misdemeanor: Entering or remaining on property without authorization is generally charged as a first-degree misdemeanor, punishable by up to one year in jail and fines of up to $1,000.
  • Second-Degree Misdemeanor: In some cases, trespassing may be charged as a second-degree misdemeanor, which carries a maximum penalty of 60 days in jail and fines of up to $500.
  • Enhanced Penalties: Certain aggravating factors may lead to enhanced penalties for trespassing offenses. For example, trespassing on school grounds, in a construction zone, or on railroad property may result in increased fines or additional charges.
  • Repeat Offenses: Repeat trespassing offenses may lead to harsher penalties, including longer jail sentences and higher fines. Courts may also impose additional conditions, such as community service or probation, for repeat offenders.
  • Criminal Record: A conviction for trespassing can result in a permanent criminal record, which may have long-term consequences, including difficulty finding employment, housing, or obtaining professional licenses.

In addition to criminal charges, trespassers may also face civil liability for any damages caused to the property or for any injuries sustained by the property owner or others as a result of the trespass. Property owners may seek compensation for property damage, loss of income, or emotional distress caused by the trespass.

Fight a Charge of Trespassing in Orlando With a Skilled Criminal Defense Attorney

At The Wiseman Law Firm, we are committed to being your strongest ally during challenging legal situations. We strive to provide personalized and effective legal representation tailored to your unique circumstances.

If you were arrested for trespassing in Orlando, we can help. Contact our office today at (407) 420-4647 or fill out our contact form to get started with your free initial consultation.

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