Izquierdo Law Firm - May 2020

WALKING ONTO PRIVATE PROPERTY What a Criminal Trespass Charge Means for You

Property other than structure or conveyance usually refers to trespassing on any other area aside from what the other type covers, typically an offence that takes place on land.

Everyone is aware that walking onto someone else’s property without receiving permission first can lead to a lot of trouble. When someone enters another person’s property — be that a home, a place of business, a piece of land, or even a car — without consent, they are in violation of criminal trespass laws in Florida. In the event that someone does trespass and refuse to leave the area, they can have charges pressed against them for that violation. TYPES OF TRESPASSING In Florida, there are two types of trespassing: trespass in structure or conveyance and trespass on property other than structure or conveyance.

record. A misdemeanor conviction can include 60 days confinement, but if the trespasser possessed a weapon, the charge will move to a third-degree felony and imprisonment will be increased to five years. DEFENSES OF TRESPASSING There are several circumstances that are recognized as defenses within Florida in regard to criminal trespass. The most common defenses include justification, necessity, permission, lack of intent, and reclaiming of property. A person who can make one or more of these claims in their case can have the criminal trespass charge dropped against them.

The violation of these laws occurs when someone not only enters onto another’s property but also has intent. This means that a person must willingly enter into a structure, conveyance, or another form of property and/or remain there without permission for that offense to take hold. PENALTIES OF TRESPASSING The punishment for trespassing depends on the severity of the act; often, it is considered either a misdemeanor, an infraction, or a felony. If someone is found guilty of trespassing, the penalties include probation or jail time and the charge of “criminal trespass” is recorded permanently on their criminal

Trespass in structure or conveyance refers to someone entering a building, dwelling, or mode of transportation without the knowledge of the owner.

If you were charged with criminal trespass, call our office at (305) 707-7345 to speak to an attorney.

Laugh Out Loud

GRILLED PRIME RIB

Who says the cookout has to ruin your diet? Try this paleo-friendly recipe for a main dish that’s worthy of your next barbecue. Ingredients

• • •

1 1/2 lbs beef rib roast 1 tsp Himalayan salt 1/2 tsp black pepper

Directions

4. Turn off the grill but continue cooking the steak, flipping every 4–5 minutes, until it reaches an internal temperature of 125 F. Remove from grill. 5. Allow the roast to rest — its internal temperature will continue to climb — for 5–10 minutes. Slice and serve.

1.

Take rib roast out of the refrigerator 30 minutes prior to grilling.

2. Season roast with salt and pepper and allow it to rest for 10 minutes while you heat a gas grill to 600 F.

3. Sear roast for 3–4 minutes on each side.

Inspired by Primal Palate

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