Trespassing Lawyers In New Port Richey, Florida
Legal Representation for Any Trespassing Charge
If you have been charged with trespassing, the best piece of advice anyone will be able to offer you is to seek legal counsel.
At Musca Law Firm, we will protect your rights inside and outside of the courtroom. Our firm will provide you with the legal strength you need when you may not be at your strongest. We have a two-fold philosophy that all of our attorneys follow. First, we will aggressively fight for you while developing a defense that pays attention to detail, focusing on all the strengths of your case. At the same time, we will expose the weaknesses of the prosecution’s case. We will always hold the prosecution to their burden of proof.
Second, we will give you the highest level of personal service we can. We believe in going above and beyond the measure of an attorney. As we believe your freedom is important, we are constantly providing you with information about the status of your case.
Don’t hesitate to contact our New Port Richey office today at (727) 480-9675 to schedule a free initial case consultation with one of our experienced criminal defense attorneys.
Trespassing in New Port Richey
Trespassing in New Port Richey is defined as when an individual enters a property willfully, or stays on a property without previous authorization. They may have also had authorization but then refused to leave once the property owner asked him or her to do so.
Types of Trespassing
There are different types of trespassing, according to the Florida Statutes, Sections 810.08 and 810.09. These include:
Definition of Conveyance
A conveyance can be defined as any motor vehicle, ship, railroad car, sleeping car, aircraft, or vessel.
New Port Richey Trespass in Structure or Conveyance
Trespassing in a structure or conveyance occurs when an individual is not authorized to but enters a structure or conveyance anyways. In order for the prosecution to prove this at the trial, three elements must be made without a reasonable doubt:
- Trespass in Structure or Conveyance.
- Trespass on Property Other Than Structure or Conveyance.
- Trespassing on School Grounds.
New Port Richey Trespass on Property Other Than Structure or Conveyance
Trespassing on a property other than a structure or conveyance occurs when an individual enters any property other than a building or a vehicle. It is done willingly, but has not been authorized, nor has it been invited to do so by the property owner. More than likely, this will involve land.
In order for the prosecution to prove trespassing on property other than structure or conveyance did occur, they will need to show the following elements:
- The offender did willfully enter the structure or conveyance or remained there after having permission, but then permission was taken away. They then willingly refused to leave after the owner of the property, the leasee, or the agent of the leasee advised them to do so.
- The individual who alleged trespassing had occurred had lawful possession of the structure or conveyance.
- The entering or remaining within the structure or conveyance done by the offender was done so without any permission, either implied or expressed, of the person who is accusing the trespassing of happening.
Trespassing on School Grounds
Under the Florida Statutes, trespassing on school grounds is committed when an individual enters or remains on school grounds but they do not have any legitimate business there, nor were they invited to be there. They may also have been suspended or expelled.
Penalties for Trespassing in New Port Richey
In Florida, Trespass in a Structure or Conveyance is typically charged with a misdemeanor of the second degree. The penalties for this include up to 60 days in jail. If there is another individual in the structure or conveyance at the time the trespassing occurred, then it will be charged as a first-degree misdemeanor. This will result in one year of prison time.
Trespassing on property other than a structure or conveyance will be considered a misdemeanor of the first-degree. He will be given one year of jail time.
Trespassing on school grounds is a second-degree misdemeanor as well.
Trespassing can be upgraded to a third-degree felony if any of the following occurs:
If the charge has been upgraded to a felony, the offender will have up to a $5,000 fine, have up to five years of probation, and/or up to five years in prison. This will also be considered a level 3 on Florida’s Criminal Punishment Code.
Trespassing and Florida’s Criminal Punishment Code
Florida’s Criminal Punishment Code, otherwise known as CPC, was established to determine what the minimum sentence for a crime was committed. This system is used for all felony crimes. Race, gender, social and economic status are neutral when it comes to sentencing.
The primary purpose of the CPC is to punish the offender. The state does want the offender to rehabilitate, however, that is not the primary goal of the CPC.
Every crime is given a level on the CPC from one to ten. The higher the number, the more serious the crime is. Each one has a point value. Additional points were given when the crime was done, including an injury to a victim, firearm possession, and legal status violations.
According to the Florida Statutes, Section 921.002, any point value for crimes is added together. If the total is 44 points or more, the individual will face a mandatory prison sentence. Anything under 44 points will be eligible for probation or community control.
When using the scoresheet for CPC, there are three different ways a crime can be classified: Primary offense, Additional offense, and prior record. A primary offense is the one that has the highest level of offense. Only one crime at a time can be considered a primary offense, so if there are two crimes that have been committed at the same level, one will be considered the additional offense. Any offense that took place before these crimes will be listed in the prior record column. Point values are higher with primary offenses than any other offense.
Here is a breakdown of the Criminal Punishment Code for all ten levels:
Primary Offense Point Value
Additional Offense Point Value Prior Offense Point Value 1 4 .7 .5 2 10 1.2 .8 3 16 2.4 .7 4 22 3.6 2.4 5 28 5.4 3.6 6 36 18 9 7 56 28 14 8 74 37 19 9 92 46 23 19 116 58 29
Additional factors could come into play when determining what the point value is. These factors can often make the total score significantly higher. Factors that might access additional points include:
Defenses for Trespassing
Numerous defenses can be developed for those that are charged with trespassing in New Port Richey and the rest of Florida. These defenses include but are not limited to the following:
Trespassing Attorney Qualifications
If you're looking for a trespassing attorney in the New Port Richey area, you should look for certain qualifications. Not every lawyer is created equally. At Musca Law Firm, all of our attorneys have worked hard to be the best at what we do. We meet all the criteria listed below for being the trespassing attorney you need to assist you in your case.
- The offender willingly entered or remained on the said property.
- The property was in lawful possession or was owned by a person or entity claiming the trespassing occurred.
- There was notice not to enter the property or there was actual communication not to enter the property or the property was fenced off.
- The offender entered the property or remained there without any permission, either implied or expressed.
- The offender is armed with a firearm or other deadly weapon
- The offender seeks an endangered, fur bearing, or game animal
- The property is a posted construction site
- The property is a posted agricultural site for testing or research purposes
- The property is a posted domestic violence center
- The property is a posted agricultural chemicals manufacturing facility.
- Prior felonies that are serious
- Injury for any victims
- Legal status violations
- Enhancement multipliers
- Semi-automatic weapons and firearms
- Violations of community sanctions
- Express invitation to enter or remain
- Implied Invitation to enter or remain
- Lack of notice
- Landlord/tenant conflict
- A notice was not properly posted
- The offender’s entry on to or remaining on the subject property was not wilful
- Notice not properly posted
- The property was not fenced off
- Lack of communication to leave or not enter
- Factual and evidentiary disputes as to the alleged trespasser’s presence
- No actual communication to depart the premises, once invited
- Alleged victim lacks standing or authority to deny or withdraw permission to be present
- Agent of property owner lacked authority to order removal or bar entry
- Withdrawal of requests to leave the premises
- Conflicting communications given to the offender
- Stale trespassing warning
- Rescinded warning
Do not be afraid to ask your trespassing attorney questions about the case or even their background. Find out how many years they have been practicing or where they went to school at. Ask if they are board certified in the state of Florida or what types of cases they have handled in the past.
You can also ask if they are respected by other lawyers in the area, as well as judges, court personnel and prosecutors. You can ask if any of these professionals have ever come to them for advice before or if they have represented any of them in court.
It is ok to see how many of their cases they have won or lost as well. If they do not want to talk about that, chances are, they have lost quite a few of their cases. Or that they are hiding something. In that case, you may wish to look for a different attorney to represent you.
Musca Law Firm At Your Service
At Musca Law Firm, we pride ourselves on the services and work we provide. In fact, we have been named Top Criminal and DUI Defense Lawyers by Newsweek. Our lawyers know their way around the courtroom and will always do their best to provide you with the service that you desire.
As always, we offer a free initial case consultation with all our new clients. Our phone lines are answered 24 hours per day, 7 days a week for your convenience. We know that not everyone has the same schedule and realize that things often happen after business hours.
If you are ready to work with an experienced and trusted attorney, please call us at (727) 480-9675. We have a desire to help you have your charges reduced or completely dropped. Call us today to talk about your case!
- Look for a trespassing attorney who has experience in and out of the courtroom. A good attorney will do some research on your case. An excellent attorney will go above and beyond, gathering as much information as they can to help you win your case.
- Communication is key in any relationship you have with an attorney. Find one that will get back to you right away with answers to your questions. One should not have to wait days to get a response back.
- Look for a lawyer who really is passionate about what they do. A good lawyer will just do what they have to do but an awesome lawyer will care about the results they bring to you.
- Pick a lawyer that will aggressively negotiate on your behalf. You are hiring someone to represent you in court. You need someone who is vocal and not afraid to speak their mind. It is imperative to pick an attorney who can handle heated arguments and not get flustered.
- Go with a lawyer that offers an initial free consultation. This way you can meet with them to decide if this is who you want to represent you. If you clash with your attorney, they are probably not going to represent you the best that they could otherwise.