Trespass in a Conveyance in Florida
There are three types of Burglary crimes in Florida.
Under Florida Statute 810.08(1), the crime of Trespass in a Conveyance is committed when a person willfully enters or remains in a conveyance without being authorized, licensed, or invited or refusing to exit a conveyance after being asked by an owner or authorized agent to do so.
A conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car. A bicycle is not a conveyance for trespassing purposes. [1]
Offense Enhancements
In Florida, the crime of Trespass in a Conveyance is enhanced if the conveyance was occupied or if the defendant was armed with a firearm or a dangerous weapon.
Penalties for Trespass in a Conveyance
The crime of Trespass in a Conveyance is a Second Degree Misdemeanor in Florida.
If convicted of Trespass in a Conveyance, a judge can impose any combination of the following penalties:
- Up to sixty (60) days in jail.
- Up to six (6) months of probation.
- Up to $500 in fines.
Trespass in an Occupied Conveyance
The crime of Trespass in an Occupied Conveyance is a First Degree Misdemeanor in Florida.
A conveyance is considered occupied if the owners or other occupants happen to be present when the trespass occurs.
If convicted of Trespass of an Occupied Conveyance, a judge can impose any combination of the following penalties:
- Up to twelve (12) months in jail.
- Up to twelve (12) months of probation.
- Up to $1,000 in fines.
Armed Trespass in a Conveyance
The crime of Armed Trespass in a Conveyance is a Third Degree Felony and is a Level 3 Offense under Florida’s Criminal Punishment Code.
A person is considered armed if they are in possession of a firearm or other dangerous weapon when the trespass occurs.
If convicted of Armed Trespass in a Conveyance, a judge can impose any combination of the following penalties:
- Up to five (5) years in jail.
- Up to five (5) years of probation.
- Up to $5,000 in fines.
Defenses to Trespass in a Conveyance
In addition to the pretrial and trial defenses that can be raised in any criminal case, specific defenses to the crime of Trespass in a Conveyance include:
Lack of Intent
One of the elements necessary to support a conviction for Trespass in a Conveyance is the intent to unlawfully enter the conveyance.
Usually this is proven by showing that a person entered stealthily or knew the conveyance they were in was stolen. But if a person presents evidence they did not know the conveyance was stolen, a conviction for Trespass in a Conveyance will not stand because it cannot be considered to have been done willfully. [2]
Stale or Rescinded Warning
Where there is a conveyance that has multiple operators, such as a train or bus, a previous trespass warning cannot be the basis of a Trespass in a Conveyance charge if you are subsequently invited or allowed back in by a new operator or a person with greater authority.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Trespass in a Conveyance in Orlando or the Central Florida area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.