Trespassing isn’t always clearly defined. Trespassing can occur in any number of circumstances. The charge usually follows under four different categories. Trespassing on property means you willfully entered property without being authorized, or licensed, or invited. When you are caught trespassing on school grounds, it means you didn’t have any legitimate reason to be on school property. “Trespass in a structure” has an odd ring to it, but it basically means you had no right entering a building of any kind. Think of a house being built. Finally, there is trespassing in a conveyance. A conveyance is any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.
The state of Florida considers trespassing a second degree misdemeanor. That is, of course, if you unlawfully entered the building or continue to remain in a structure or conveyance. The offense can be upgraded to a first degree misdemeanor if a person is present inside the structure.
A perfect example of a trespassing charge occurred in Orlando very recently. A man was found in a housing development. He had been staying inside an abandoned home. While that might sound like a victimless crime, the authorities don’t exactly agree.
The good news is that there are solid defenses for a trespassing arrest. A lawyer can state that his client had a “lack of intent”. It’s quite possible that someone accidentally enters without realizing they are on private property. Sometimes neighbors get the wrong idea when they see a “stranger” in the community. You’d be surprised at how often that “stranger” is a family member trying to get inside their own home.