DeLand Criminal Defense Attorney for Burglary or Trespass Charges

If you have been charged with a burglary or trespassing crime in DeLand, Deltona, Daytona Beach, or in another Volusia County area, criminal defense attorneys Smith and Vidal can help. For a thorough case evaluation and to learn more about how our lawyers can help to lessen or even drop burglary or trespassing charges against you, please contact law our office today.

Burglary Crimes in Florida

Burglary

Under Florida Statute 810.02, “Burglary” is defined as unlawfully entering a dwelling, structure, or conveyance without the permission or authority from the owner to do so, remaining inside the dwelling, structure, or conveyance, and doing so with the intent to commit an offense.

A dwelling is considered a building or conveyance of any kind that has a roof over it, and is designed to be occupied by people lodging within at night. A structure is considered a building of any kind, either temporary or permanent, that has a roof over it. A conveyance is considered any motor vehicle, ship, vessel, railroad car or vehicle, a trailer, aircraft, or a sleeping car.

Penalty: burglary crimes in Florida are considered a felony offense, and the severity of the penalty depends on the type of burglary committed, including the following:

Possession of Burglary Tools

Under Florida Statute 810.06, “Possession of Burglary Tools” is defined as possessing any tool, machine, or instrument with the intent to use such, or allow such to be used to unlawfully enter a building to commit a burglary or trespass.

Penalty: those who are found guilty of possessing burglary tools are guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which can include up to five years in prison, five years of probation, and up to $5,000 in fines.

Trespass Crimes in Florida

Trespass on Property

Under Florida Statute 810.09, “Trespass on Property Other Than Structure or Conveyance” is committed when a person who is not authorized, licensed or invited willfully enters or remains on any property other than a structure or conveyance despite actual communication, posting, fencing, or cultivation restricting entry; or a person who willfully enters or remains on the unenclosed curtilage of a dwelling without being authorized, licensed, or invited with the intent to commit a crime.

Unenclosed curtilage is considered unenclosed land or grounds, including any outbuildings that are directly and intimately adjacent and connected to the dwelling, and used in connection with the dwelling.

Penalty: trespassing on a property other than a structure or conveyance is a misdemeanor in the first degree, which can include up to 60 days in jail, up to six months of probation, and up to $500 in fines.

A trespassing crime can be enhanced to a felony of the third degree, in addition to up to five years in jail, up to five years of probation, and up to $5,000 in fines if the accused:

Trespass on School Grounds

Under Florida Statute 810.097, “Trespass on School Grounds” is defined as any person who does not have legitimate business on the campus, or any other authorization, license, or invitation to enter or remain on school property, or property owned by any such school. This includes students who are currently serving suspension or who have been expelled.

Penalty: trespass on school grounds in the state of Florida is punishable by a misdemeanor of the second degree, which can be accompanied by up to 60 days in jail, up to six months of probation, and up to $500 in fines.

If the accused trespasser was armed with a firearm or deadly weapon, the crime can be enhanced to a felony of the third degree, which can be accompanied by up to five years in jail, up to five years of probation, and up to $5,000 in fines.

Trespass in a Structure or Conveyance

Under Florida Statute 810.08, “Trespass in a Structure or Conveyance” is defined as someone who willfully enters or remains in a structure or conveyance without being authorized, licensed, or invited; or who has been authorized, licensed, or invited and is warned by the owner, lessee, or authorized person to depart and refuses to do so.

Penalty: to trespass in a structure or conveyance is a misdemeanor of the second degree, which can include up to 60 days in jail, up to six months of probation, and up to $500 in fines.

If the structure or conveyance was occupied during the trespass, the penalty can be enhanced to a misdemeanor of the first degree, which can include up to 12 months in jail, up to 12 months of probation, and up to $1,000 in fines.

If the accused was armed with a firearm or deadly weapon during the trespass of a structure or conveyance, the penalty can then be enhanced to a felony of the third degree, which can be accompanied by up to five years in jail, up to five years of probation, and up to $5,000 in fines.

Contact the Law Office of Leanna J. Smith

When you need an honest, dedicated criminal defense attorney to defend you against burglary or trespass charges in DeLand, Daytona Beach, Deltona or surrounding Volusia County, contact the Law Office of Leanna J. Smith. If you’re in trouble, we want to help.
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