Is trespassing a felony?

On Behalf of | Mar 24, 2021 | Felonies

Facing a trespassing charge could impact your life in more ways than one. Depending on the severity of your situation, you may lose the trust of others and your reputation may suffer.

Fortunately, most trespassing convictions do not have as serious of legal repercussions as other crimes, however some factors can make trespassing a felony in Florida. Resolving to pay restitution and avoid suspicious behavior in the future can help you to move beyond your past and still live a productive and happy life.

Understanding trespassing

Trespassing can happen in one of two ways. If you unlawfully enter restricted property or violate a former agreement to stay away from a premise, you may face trespassing charges. The other way is if you refuse to leave a premise after someone has asked you to. You can also face trespassing charges for entering or refusing to leave another person’s car, boat or aircraft among other things.

Felony trespassing

A majority of trespassing charges are misdemeanors. According to the Florida Senate, you could face felony charges if you met all of the criteria for a Class 1 Misdemeanor, as well as possessed a weapon. Depending on the circumstances, you could face anywhere from 60 days up to five years behind bars. A trespassing charge may also show on your criminal record.

A lawful trespassing charge has to show evidence of your intent. You may have had justification to enter a property. Or you may share ownership of the property with the person who claims you trespassed. Defending your position requires you to describe in detail, the circumstances that led you to act in the manner you did.


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