Criminal Trespass Attorney

You may think it’s no big deal if you are charged with criminal trespass. That’s a mistake. Criminal trespass law is more complex than most people realize. Depending on the circumstances, you could pay a fine, get probation, or spend time in jail or prison. If convicted, you will have a criminal record that affects your ability to even apply for some jobs.

Criminal trespass cases depend on whether you thought it was okay to be where you were or that no one asked you to leave after an initial invitation. This leads to back and forth with you against witnesses and the police, and you don’t have to face that alone.

The Panella Law Firm is here to help you aggressively fight your criminal trespass charges, even before you get to court. We will interview witnesses and investigate whether you had the right to be or were mistaken about where you were. If necessary, we will fight to get you the lowest penalty possible. Don’t try to go it alone when you face charges that can ruin your reputation and your future.

Why Choose Us to Fight Your Criminal Trespass Charges?

Even a misdemeanor criminal trespassing conviction on your record can make it hard to find jobs and secure housing. Fighting charges isn’t just about hiring a lawyer. It’s about hiring a lawyer you can trust with the details of your case and know he is fighting on your behalf regardless of the offense. Orlando trespass defense lawyer Michael Panella received the Avvo client choice award five years running. This award is reserved for lawyers who receive five or more 4- or 5-star reviews from clients in one year.

Read through dozens of positive reviews, noting Mike Panella’s confidence, tenacity, compassion, and talent. We understand that, ultimately, what you need are results. Michael Panella is undefeated at trial.

What Can We Do for You?

Fighting any criminal charges is about trust between you and your lawyer. In a criminal trespass case that may hinge on your word versus someone else’s, you need a fierce advocate you can trust. We will answer any questions you may have and address your concerns throughout the process.

Our attorneys at the Panella Law Firm are successful because they genuinely care about the outcome of their cases. You aren’t just a number to us, you are a person who got in a jam that could impact the rest of your life, and we want to help.

The legal process is intimidating enough. You should never feel intimidated by your lawyer. Choose the Orlando trespassing defense lawyer who takes your case and your future personally. Call the Panella Law Firm at (407) 233-1822.

Criminal Trespass in Florida

Florida takes criminal trespass very seriously — seriously enough that a property owner or their authorized agent is allowed to detain you before the police arrive. This puts you at a disadvantage when dealing with law enforcement, because the assumption is that you were, in fact, trespassing. They don’t want to hear that you were there accidentally or that you were invited.

That’s why you need a tenacious advocate on your side. Mike Panella has dealt with law enforcement and questioned witnesses hundreds of times to help his clients get a fair shake in the criminal justice system. He is ready to do that for you.

What Are the Types of Criminal Trespass in Florida?

Florida law breaks down criminal trespass into three categories. Depending on which category they are charging you with and any special circumstances, you could face anything from a fine to a five-year prison sentence.

Trespass on Property Other Than a Structure or Conveyance

These charges typically cover trespass upon entering or remaining without permission on property and are covered under Florida Statute 810.09. This type of trespass is a first-degree misdemeanor; if convicted, you face up to one year in jail, a $1,000 fine, or up to six months of probation.

If you are accused of trespassing in certain areas, such as a posted construction site, an agricultural testing site, or a domestic violence center, you could face a third-degree felony. This could mean up to five years in prison or on probation and up to $5,000 in fines. It is also a third-degree felony if you trespass while armed.

Trespass In a Structure or Conveyance

Florida Statute 810.08 lays out what constitutes criminal trespass in a building or conveyance (car, ship, train, plane, or another type of vehicle).

This type of trespass is a second-degree misdemeanor, punishable by up to 60 days in jail, six months’ probation, and up to $500 in fines. However, if another person is in the building, the trespass becomes a first-degree misdemeanor. If armed, you face a third-degree felony.

Trespass Upon the Grounds or Facilities of a School

Trespassing at a school is set out in Florida Statute 810.097 as a second-degree misdemeanor, but it is upgraded to a third-degree felony if the trespasser is armed.

Students who are expelled or suspended from school could face trespassing charges if they go anyway, including to areas such as sports fields. The same holds true for anyone who is asked to leave but does not do so.

Why You Need a Trespassing Defense Lawyer

Florida judges have leeway when choosing between jail time, probation, and fines for misdemeanors. Things like your past record, your personal circumstances, and whether your trespassing was just a mistake can make a huge difference.

That’s why you need an Orlando misdemeanor charge lawyer who can communicate well with you, the police, prosecutors, and judges to ensure you are treated fairly in every step of the criminal justice process.

If your trespassing charge is a felony, you face possible severe jail time and need someone to speak on your behalf. Have a strong advocate on your side by calling the Panella Law Firm today at (407) 233-1822.

Types of Defenses for Criminal Trespass Charges

A highly committed trespassing defense lawyer in Orlando is vital to your case because there are several defenses to the charges. We will talk to you extensively about the circumstances of your case and learn as much as possible about the area where you are accused of trespassing. Once we talk to witnesses, we can present several defenses, including:

  • You had consent to be on the property or received no valid warnings to leave.
  • There were no proper postings, so you thought it was okay to be on the property.
  • Necessity – For example, your child wandered off, and you were trying to save them from danger.
  • The person alleging trespassing had no standing.
  • You didn’t willfully enter the property.
  • There is no evidence you were actually there.

The Panella Law Firm will investigate your case thoroughly and interview witnesses to get your charges dismissed or reduced.

What Happens to Juveniles in Trespassing Cases?

Juveniles might not take trespassing charges seriously, but this is a mistake. Juveniles face real consequences, such as probation and jail for criminal trespass, especially if they have a long record. To try to prove a point to a juvenile, the prosecuting attorney may take a hard line because they think jail time will “save” a child. No one is saved by jail, especially not children.

Juvenile detention centers operate on the idea of rehabilitation. Still, the reality is that children are often detained under deplorable conditions with little access to quality education and the ability to develop socially. A trespassing charge doesn’t have to be the start of a long downhill road for juveniles.

Panella Law Firm represents juveniles in all manners of criminal cases as an effort to protect their rights and their futures.

Criminal Trespass FAQs

It isn’t unusual to have questions about criminal trespassing charges, and you should not be shy about asking them. Under certain circumstances, a conviction for criminal trespass could completely upend your life and those of your loved ones.

Here are some common questions we hear about these charges.

  • Can I Go to Jail for Trespassing?

    Yes, even a second-degree misdemeanor criminal trespass charge could result in jail time. Your record and the ability of your attorney to explain your side and your circumstances can make a big difference with prosecutors and judges.

  • Should I Admit to Trespassing and Get it Over With?

    Never admit to any criminal charges before talking to an attorney. Your best line of defense is to say nothing at all to the police other than to invoke your right to counsel.

  • Can the Police Arrest Me for Misdemeanor Trespass if They Didn’t See Me There?

    The police must have witnessed the crime or gotten a warrant to arrest you for misdemeanor criminal trespass. There are exceptions for trespass at schools and airports.

  • Can I Get Arrested for Criminal Trespass at My Job?

    If you are asked to leave your job and you refuse, you could be charged with criminal trespass. Entering the premises outside your regular working hours and without authorization could also result in an arrest.

If you have more questions or need an Orlando trespass defense attorney, call the Panella Law Firm at (407) 233-1822. We will fight to get your charges dismissed or reduced so that a simple mistake doesn’t upend your life.

Can They Add Burglary to My Criminal Trespass Case?

Police investigations don’t stop after a criminal trespass arrest. Even if that was the initial charge, the police will try to find out why you were there. If the police and prosecuting attorney believe you were trespassing in furtherance of another crime, they can tack on charges such as burglary or attempted burglary.

If convicted, you could face five to thirty years in prison, depending on the circumstances. A prosecuting attorney could threaten an attempted burglary charge to try and scare you into pleading guilty to the initial trespassing charge. In the process, they may try to get you to accept a longer sentence for that trespass than was really warranted.

If your criminal trespassing charges turn into burglary charges, contact our burglary defense lawyers. We will investigate your case thoroughly and fight to get invalid charges thrown out. We won’t stop there. We will also examine your criminal trespass charge and fight for fair treatment.

Can an Orlando Trespass Defense Lawyer Get My Case Dismissed?

Our goal at the Panella Law Firm is always to get your charges dismissed and, barring that, to bring you the best outcome possible. Contact us immediately after your arrest for criminal trespass so we can start building your defense.

Even if you trespassed accidentally, if the property was marked correctly, you could still be guilty of a crime. In such instances, we will fight vigorously to get the best possible outcome through negotiations with the prosecuting attorney or by presenting a zealous defense in court.

We know how to talk to judges and present you not as a criminal but as a person with a future who deserves a sentence that will let you move on with your life.

Get the Tenacious Defense You Deserve From Our Orlando Trespass Defense Lawyers

It’s okay to feel confused and frightened when you are arrested for criminal trespassing. It is always stressful to deal with the police and prosecutors, and you should never do it alone. Protect your freedom and your future by calling the criminal defense attorneys at Panella Law Firm. We understand what it’s like to deal with the criminal justice system, and we will help you understand your charges, potential defenses, and potential outcomes of your case.

Contact us on our website or call our trespassing defense lawyers in Orlando now so that we can start fighting on your behalf: (407) 233-1822.

Attorney Mike Panella

For Mike Panella, the concept of zealous advocacy developed at an early age – fueled by what he perceived to be an unjust resolution in a personal family legal matter. Mr. Panella would later attribute his passion to defend the rights of those who stand accused to those inequities in the legal system he observed, and considered unjust. Before opening Panella Law Firm, Mr. Panella served as an Assistant Public Defender for Florida’s 18th Judicial Circuit Public Defender’s Office and worked hundreds of cases in both Brevard and Seminole Counties. Mr. Panella was undefeated at trial. [ Attorney Bio ]

Contact Attorney Michael Panella

Need a criminal defense service? Turn to Panella Law Firm and contact us today with your question.

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