Naples Trespassing Lawyer
Private property is referred to as “private” for a reason. That said, there are times when landowners can become overzealous in their attempts to privatize their land. Parties accused of trespassing may wander onto private land by accident or become the victims of a landowner’s deliberate maliciousness.
There are several property laws in Florida addressing the concept of trespassing. If you face accusations of violating any of them, you can count on us at The Law Office of Robert H. Hanaford. Our Naples trespassing attorney can potentially help reduce the charges leveled against you. We can even advocate for a judge to drop your trespassing charges entirely.
Invitees, Licensees, and Trespassers on Floridian Property
Visitors can fulfill one of three roles while on someone else’s property. Invitees, as the name suggests, are guests on the property. These parties benefit from a landowner’s protections. Invitees are usually on a property thanks to a positive relationship with said landowner, or they are in a business environment for a reason, such as a shopping center.
Licensees are often employees looking to do business on another person’s property, be they employees of a business or helping in maintaining the quality of the land.
Trespassers on Floridian Property
Finally, there are trespassers. Trespassers are individuals who come onto another person’s property without permission. These parties should neither have been invited onto the property nor given leave to be on the property courtesy of their positions.
Trespassers can face serious criminal consequences if taken to court without appropriate representation. Trespassing charges qualify as misdemeanors or felonies, with the latter coming into play if you enter someone else’s property with a weapon.
Florida often requires landowners to fence their property for it to benefit from trespassing laws. That said, landowners interested in putting off trespassers should place signs around their land to discourage unwanted visitors.
Compounded Trespassing Charges in Florida
Florida law enforcement typically aligns trespassing with other crimes. Some of the most common married charges include burglary and possession of a weapon.
Trespass upon any Floridian structures with the intent to remove objects from that property without the owner knowing constitutes burglary and trespassing. Parties accused of such behavior can face felony charges and significant fines as well as jail time.
That said, any party that wishes to take action on someone in criminal courts for trespassing charges must prove that the name of the party intended to trespass onto their property. Without proof of intent to trespass, it is difficult to hold you or another party accountable for this alleged behavior. Without an appropriate defense, however, the misdemeanor conviction that comes along with a criminal trespass charge can see you spend up to 60 days in jail. Naturally, trespassing onto someone else’s property with a weapon can see you spend longer in jail, if not prison.
Challenging Trespassing Charges in Naples, Florida
There are different arguments that you or another party charged with trespassing can use to challenge the accusations brought against you. To begin, Floridians must indicate that you intended to violate property law by stepping onto their property. Their failure to present evidence can see you request that a judge waive the charges brought against you.
Similarly, while property owners are not required to verbally warn members of the public of the nature of their private property, these parties are required to put up signs indicating that no one is allowed on their property without their express permission.
Failure to place the appropriate signage can constitute a violation of the landowner’s responsibilities and can see you relieved of any responsibilities you allegedly had regarding the nature of the property.
The Doctrine of Attractive Nuisance in Florida
Finally, you have to consider the doctrine of attractive nuisance. Children or teenagers who trespassed onto another person’s property may be given allowances based on this doctrine. The doctrine specifically claims that individuals who possess a property with structures deemed intriguing to children must take action to prevent trespassers from coming onto their property.
None of these actions may be violent. However, all of them should make diligent efforts to both discourage unwanted company and to protect any young people who might travel onto the property accidentally.
That said, children are often considered immune from Floridian trespassing laws. Even so, law enforcement and applicable landowners may still attempt to bring charges against them to scare them out of similar behavior in the future.
Necessity as an Explanation for Trespassing
You can also argue that either claim to a person’s property or necessity drove you to enter onto another person’s property without their express permission. These claims tend to introduce complicated emotional elements into your case. This, however, is where our trespassing lawyers in Naples come in handy.
You can collaborate with our team to more effectively handle any communications you may need to have with a party charging you with criminal intent. We can stand alongside you and make sure that you are given every opportunity to present your side of the story when brought before a criminal judge.
Reach Out to a Naples Trespassing Lawyer Today
Landowners have the right to protect their land from misuse. There are some parties, however, who are eager to abuse their rights. If you’re facing undue charges of trespassing, you have the right to fight back in court. At the Law Office of Robert H. Hanaford, we can stand with you as you challenge the criminal charges leveled against you.
You can schedule a consultation with us today. Reach out to us by calling (239) 315-9750 or filling out our contact form.