Facing trespassing charges in Florida can be overwhelming and confusing – especially when a simple misunderstanding leads to serious criminal consequences. At Fighter Law, our team of skilled criminal defense attorneys knows how important it is to protect your rights and your record. Whether you’re accused of entering private property without permission or remaining after a trespass warning, we’re here to help guide you through the legal process.
Under Florida law, trespassing is more than just being somewhere you shouldn’t be – it can result in jail time, fines, and a permanent criminal record. If you’ve been accused of criminal trespass in a structure, vehicle, or on someone else’s land, our Orlando trespass defense lawyers may be able to help you reduce the charges or get them dismissed altogether.
According to Chapter 810 of the Florida Statutes, criminal trespass occurs when a person commits unauthorized entry or refuses to leave another’s property after being told to do so. This can involve structures, conveyances (like cars or buses), or open land. What matters is whether the property owner or someone acting on their behalf told the person to leave – or whether proper signage was posted warning against entry.
Trespass in a structure (such as homes, buildings, or businesses) is usually classified as a first-degree misdemeanor, which is punishable by up to one year in jail, one year of probation, and a $1,000 fine. In cases where someone reenters property after being warned, or if there are aggravating circumstances – such as being armed – the charge can be escalated to a third-degree felony, which carries more severe penalties.
Florida recognizes several forms of trespassing offenses, including:
In some situations, the police issue civil trespass warnings as a preventative step. While a civil trespass typically doesn’t lead to a criminal record, violating that warning can escalate the matter quickly into a criminal charge.
The penalties for trespassing vary depending on the type of property involved, the circumstances, and any prior criminal history. For example:
In addition to jail time, courts may impose community service, probation, and fines. A trespassing conviction may also impact employment, housing, or immigration status and leave a permanent criminal record if not sealed or expunged.
When police arrive at the scene of a reported trespass, they’ll typically ask for identification and listen to both sides of the story. If you’re still on the property after being told to leave – or if you’ve returned after a previous warning – you may be arrested on the spot. Many people are surprised to find themselves facing criminal charges from a minor incident, especially if they didn’t know they were violating the law.
If you’ve been charged, it’s critical to avoid self-incrimination and seek legal advice immediately. Our team at Fighter Law has handled countless trespassing cases across Central Florida and knows how to assess your case for weaknesses in the prosecution’s evidence.
Trespassing allegations at major Orlando theme parks like Walt Disney World and Universal Studios are more common than many people realize. With millions of visitors each year, misunderstandings, overreactions, or unclear communication can quickly escalate into criminal trespass charges – especially when a visitor doesn’t comply quickly with a trespass warning from park security.
Security officers at Disney and Universal are authorized to act on behalf of the property owner, and if they issue a verbal or written warning, you are required by Florida law to leave the premises immediately. If you remain or return, even unintentionally, you could face a first-degree misdemeanor or, in some cases, even a third-degree felony, depending on the circumstances.
At Fighter Law, our Orlando trespass defense lawyers regularly defend people who have been arrested at Central Florida’s theme parks. These cases often involve tourists, families, or guests unfamiliar with how Florida trespassing laws are enforced. If you’ve been trespassed from or arrested at a theme park, we have specific resources for you.
Visit our detailed guides for more help:
Walt Disney World | Universal Studios |
Trespass Cameras can recognize faces these days!
Having a criminal trespass attorney on your side can make a significant difference in how your case is resolved. At Fighter Law, we evaluate whether the warning was legally valid, whether proper signage was present, and if there’s evidence you knowingly trespassed. We also fight to prevent misdemeanor charges from becoming felonies due to aggravating circumstances.
If you’ve been accused of trespass in a structure, vehicle, or open space, we work hard to reduce or dismiss the charges and protect your record. In many cases, we can resolve charges without jail time and assist in getting your record sealed or expunged when eligible.
Penalties range from second-degree misdemeanors (for open land) to third-degree felonies (if you’re armed or have criminal intent). The most common charge – trespass in a structure – is a first-degree misdemeanor punishable by up to one year in jail.
Yes. If you re-enter after a trespass warning, you may face criminal trespass charges. Even if the first warning didn’t lead to an arrest, returning to the property without permission can result in serious consequences.
Yes. A trespassing conviction can leave a permanent criminal record unless it’s sealed or expunged. This is why it’s crucial to work with a skilled criminal defense attorney to fight the charge early.
Not always. If there’s no signage or the person didn’t receive a clear trespass warning, it may be a misunderstanding. That said, unauthorized entry on private property can still result in criminal charges, especially if the property owner wants to press charges.
You should contact experienced Orlando trespass defense lawyers right away. Avoid making statements to police without counsel. A good law firm can investigate your case, represent you in court, and help reduce or eliminate the charges.
Aerial View Downtown Orlando, Florida
If you’re facing trespassing allegations in Orlando or the surrounding areas, don’t wait to seek legal advice. A simple mistake or misunderstanding shouldn’t cost you your freedom or your future.
At Fighter Law, our criminal trespass attorneys have decades of combined experience handling trespassing offenses and other criminal cases under Florida law. Whether you’re charged with first-degree misdemeanor trespass, accused of violating a trespass warning, or facing a third-degree felony, we’re here to fight for the best outcome possible. Call us at (407) 344-4837 or reach out via our contact form at .
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