Officers arrested a juvenile for his alleged involvement in the burglary of a mansion. The defendant was accused of causing over $100,000 in damage and stealing over $20,000 worth of goods. Witnesses claim they saw the suspect carrying the stolen goods down the street. Officers arrested the juvenile on charges of burglary, conspiracy, grand theft of over $20,000, felony criminal mischief, and trespass of a conveyance.
Trespass of a Conveyance
Trespass of a Conveyance is committed when an individual enters into a conveyance willfully without being licensed, invited, or authorized to do so. Under Florida law, a conveyance is defined as a sleeping car, vessel, motor vehicle, aircraft, railroad vehicle or car, ship, or a trailer.
Penalties for Trespass of a Conveyance
In Florida, trespass of a conveyance is a first-degree misdemeanor. If a judge imposes this on an offender, they may face any combination of the following:
- Up to 12 months of probation
- Up to 12 months of jail time
- Up to $1,000 in fines
In addition to this, the crime can be placed on your criminal record, which could haunt you for the rest of your life when trying to get a job, receive financial assistance, or rent an apartment or house.
Proving Trespass of Conveyance
Prosecution must be able to prove, without a reasonable doubt, these three elements:
- The defendant willingly entered the conveyance without authorization to do so from the property owners. If the defendant did not willfully leave when asked, the prosecution will also need to be able to prove this.
- The conveyance was in lawful possession of the person testifying against the defendant.
- The person alleging the trespassing did not give any permission to the defendant, either implied or expressed.
Defense Tactics for Trespass of Conveyance
There are several different defense tactics that can be used by a skilled attorney. These include:
- Lack of intent – This tactic for defense can be presented when the defendant can present any evidence that the conveyance was stolen.
- Stale or Rescinded Warning – If the conveyance has multiple operators, such as a train, and you are invited back on by a new conductor, a stale or rescinded warning can be used as a defense.
- No communication – There was no communication done to depart the residence once they had been invited in.
- Not willful – The defendant’s entry onto the property was not willful on their part.
- Implied invitation – It was implied that the defendant could enter the property.
If you have been charged with trespass of conveyance, it is best to obtain the assistance of an attorney that is skilled in this area of law.
RESULT: The attorney requested the client not make a statement to police. The defense convinced the State to DROP all of the charges besides trespass of a conveyance. The client served a minimal probationary sentence for this crime. The defense also managed for the client not to have to testify against his codefendants, despite repeated requests from the prosecution.