Jacksonville Trespass Lawyer (Structure, Conveyance, Armed, School, Construction, Etc.)

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Trespassing involves going onto or remaining on someone's property without their consent.  The only difference between trespass and burglary is that burglary requires that you have the intent to commit a crime.  For example, trespassing on someone's house with the intent to steal their television.  There are several different forms of trespassing and some are more serious than others.  They are all criminal charges and can have a serious negative effect.  Give the experienced Jacksonville criminal defense lawyer of LGL a call to discuss your particular case.

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The trespassing laws are defined in Florida Statute Sections 810.08, 810.09, 810.095, and 810.097.  To prove the crime of Trespass, the State must prove:

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  Trespass to a Structure or Conveyance:

• You willfully entered or remained in a structure or conveyance, and

• The structure or conveyance was in the lawful possession of the victim, and
  

• Your entering or remaining the structure or conveyance was without authorization, license or invitation by the victim or any other person authorized to give that permission

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  Trespass to a Structure or Conveyance by Remaining
  

• You had been authorized, licensed or invited to enter or remain in the structure or conveyance, and
  

• the owner, lessee, or person authorized by the owner or lessee of the premises warned you to depart, and
  

• you refused to depart. 
  

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  Trespass (Property other than a structure or conveyance)

• You willfully entered upon or remained in property other than a structure or conveyance, and
  

• the property was owned by or in the lawful possession of the victim, and
  

• notice not to enter upon or remain in that property had been given by actual communication to you, or notice was posted, or the property was fenced, or cultivated, or
  

• the property was the unenclosed curtilage of a dwelling and you entered or remained with the intent to commit a crime thereon other than trespass, and
  

• Your entering upon or remaining in the property was without authorization, license, or invitation form the victim or any other person authorized to give that permission. 
  

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  Trespass on School Property with a Firearm or Weapon

• You entered or remained on school property, and
  

• you did not have nay legitimate business on the school property or any other authorization license, or invitation to enter upon the school property, or
  

• you had been authorized, license, or invited to enter the school property but then refused to depart when told to do so by the principal or principal's designee, or
  

• you were a student under suspension or expulsion at the time you entered or remained on the school property, and
  

• at the time you were on the school property, you brought onto or were in possession of a firearm or weapon.
  

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Authority to enter or remain in a structure or conveyance need not be given in express words.  The authority can be implied.  For example, nobody tells you that you can go into a convenience store when it is open to the public.  You can enter without express authorization because it is implied that you have the consent of the owner who has opened his doors to the general public. 

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An owner, lessee, agent of an owner or lessee, any law enforcement officer with written authorization from the owner or lessee, or the owner or lessee's agent. 

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A "structure" is any building of any kind, either temporary or permanent, that has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding that structure. 

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A "conveyance"is any motor vehicle, ship, vessel, railroad car trailer, aircraft or sleeping car.

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A "school" is defined as the grounds or any facility of any kindergarten, elementary school, middle school junior high school, or secondary school, whether public or not. 

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"Curtilage" is the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.  So, in layman's terms, it includes a person's front yard, even when it is not enclosed by a gate or fence. 

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If the State is going to prosecute you based on trespassing on property that is not a structure or conveyance based on posted "No Trespassing" signs, the signs must be in compliance with the following requirements: