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Criminal Defense Lawyer in Orlando, FL | Hanlon Law

Trespassing Attorney in Orlando, Florida

Trespassing is one of the most frequently charged criminal offenses in Florida. While it may seem like a relatively minor charge, a trespassing conviction can carry serious consequences, including potential jail time and a permanent criminal record. Because the laws governing trespass can be more complex than many people realize, it is important to seek legal guidance if you have been accused of this offense.

At Hanlon Law, Orlando criminal defense attorney Will Hanlon represents individuals throughout Central Florida who are facing trespassing charges. Our firm works to protect your rights and pursue the best possible outcome in your case.

Understanding Trespassing Charges in Florida

Trespass occurs when a person willfully enters or remains on property without authorization. Florida law recognizes several different forms of trespassing, and the specific charge often depends on where the alleged conduct occurred and whether certain aggravating factors were present.

Although trespassing charges may arise in many different situations, they are governed primarily by Florida Statute 810.08 and related laws. Because the circumstances surrounding each case vary, understanding the type of trespass involved is an important part of building a defense.

Trespass in a Structure or Conveyance in Orlando, Florida

One of the most common trespassing charges involves entering or remaining in a structure or conveyance without permission. Under Florida law, a structure may include a home, business, or other building, while a conveyance typically refers to vehicles such as cars or boats.

Trespass in a structure or conveyance is generally charged as a second-degree misdemeanor, which may carry penalties including:

Up to 60 days in jail
Up to six months of probation
Fines and court costs

However, the severity of the charge can increase under certain circumstances. For example:

If another person was present in the building or vehicle at the time of the alleged trespass, the offense may be elevated to a first-degree misdemeanor, punishable by up to one year in jail.

If the defendant was armed with a firearm or other weapon during the alleged trespass, the charge may be upgraded to a third-degree felony, which carries penalties of up to five years in prison.

Because trespass charges are sometimes filed as lesser offenses in cases originally investigated as burglary, the facts surrounding the incident can be extremely important.

Trespass on Property Other Than a Structure in Orlando, Florida

Florida law also addresses trespassing on property that is not a building or vehicle. These cases typically involve land, outdoor areas, or other types of property. This form of trespassing is governed by Florida Statute 810.09.

In order to prove this type of trespass, prosecutors must generally show that the individual entered or remained on property after receiving notice that they were not authorized to be there.

Notice may be provided in several ways, including:

Direct communication: A property owner, authorized agent, or law enforcement officer tells the individual they must leave the property.
Posted signs: Signs clearly indicating that trespassing is prohibited.
Physical barriers: Fences or other enclosures designed to restrict entry.

Because notice is a required element of the offense, disputes often arise regarding whether proper notice was actually given.

Issues With “No Trespassing” Signs

In some cases, trespassing charges are based solely on the presence of posted signs. However, Florida law establishes specific requirements for signage intended to provide legal notice of trespass restrictions.

For example, signs typically must clearly display the phrase “No Trespassing” and be positioned in a manner that reasonably alerts individuals approaching the property boundary. Improperly placed or incomplete signage may not always satisfy the legal requirements necessary to support a criminal charge.

As a result, cases involving posted signs may present opportunities for legal challenges depending on the facts involved.

Defending Against Trespassing Charges in Orlando, Florida

Although trespassing may appear straightforward, the law includes several technical elements that prosecutors must prove beyond a reasonable doubt. An experienced criminal defense attorney can carefully examine the facts of the case, including the circumstances surrounding the alleged entry, whether proper notice was given, and whether law enforcement followed appropriate procedures.

In many situations, defenses may involve demonstrating that:

The defendant had permission to be on the property
Proper notice to leave was never provided
Signage or property boundaries were unclear
Law enforcement made a mistaken identification

Because each case is unique, a detailed legal evaluation is essential before deciding how to proceed.

Contact an Orlando Criminal Defense Attorney

Even a misdemeanor trespassing conviction can have lasting consequences for your criminal record, employment opportunities, and reputation. If you have been arrested or accused of trespassing in Orlando, it is important to speak with a knowledgeable defense attorney as soon as possible.

At Hanlon Law, we have extensive experience defending clients against criminal charges throughout Central Florida. Our firm is committed to protecting your rights and providing strong legal advocacy at every stage of the process.

If you are facing trespassing charges in Orlando, call Hanlon Law at (407) 987-3836 or contact us online today to schedule a confidential consultation and discuss your legal options.