Broward County Trespass Lawyer

Our Fort Lauderdale Trespass Lawyer Provides a Strategic Defense for Broward County Charges

A trespass charge sounds minor until your name is on the arrest paperwork. Maybe you cut across a lot you had crossed a hundred times. Maybe you went back to a home you used to share to pick up your clothes. Maybe a security officer at the Seminole Hard Rock Hotel & Casino in Hollywood decided you were no longer welcome, and the deputy who responded took the officer's word over yours. Casinos, resorts, and large entertainment venues issue no-trespass warnings routinely, and the Hard Rock property generates a steady share of Broward County trespass arrests every year.

However it started, you now have an open case, a court date, and an arrest record that surfaces on background checks. That is a heavy thing to carry for what may have been a misunderstanding.

Our experienced Broward County trespass lawyer can take that weight off your shoulders. At the Law Offices of Dave L. Simmons, P.A., attorney Dave Simmons defends people accused of trespass throughout the 17th Judicial Circuit. As a former Broward County assistant state attorney and assistant public defender, he knows how the State decides which trespass cases to file and which ones may fall apart under the pressure of a defense strategy tailored to your situation.

What Is Trespass Under Florida Law?

Florida trespass charges appear in Chapter 810 of the Florida Statutes, the same chapter that governs burglary. The distinction matters. Burglary generally requires intent to commit an offense inside a dwelling, structure, or conveyance, while trespass does not require that additional criminal intent. Florida law establishes two primary trespass offenses, and the type of charge you face can affect the potential penalties and available defenses.

Trespass in a Structure or Conveyance

Florida Statute 810.08 applies to buildings and vehicles. A structure is any building with a roof, together with its curtilage—the area immediately surrounding the building that is closely connected to and used with it. A conveyance includes motor vehicles, boats, trailers, aircraft, and railroad cars. The offense applies when you enter or remain without authorization, or when you were welcome at first, were warned to leave by the owner or an authorized person, and refused to go.

Trespass on Property Other Than a Structure or Conveyance

Florida Statute 810.09 covers trespass on property other than a structure or conveyance, such as certain lots, fields, and other land. Generally, the State must prove you had notice that you were not permitted to enter or remain on the property. Notice can be provided through:

• Actual communication. Someone tells you not to enter or directs you to leave. 
• Posted signs. The property has signage that satisfies Florida’s statutory requirements. 
• Fencing. A fence encloses the property in a manner that provides notice against entering. 
• Cultivation. The land is cultivated in a manner that provides notice under Florida law. 

The statute also covers the unenclosed curtilage of a dwelling when a person enters or remains there intending to commit an offense other than trespass. Under Florida law, unenclosed curtilage includes certain land, grounds, and outbuildings directly and intimately connected with the dwelling and habitually used with it. 

Why Choose the Law Offices of Dave L. Simmons, P.A.?

Broward County trespass clients choose Dave Simmons for direct, personal representation from an attorney who has tried cases on both sides of the 17th Judicial Circuit courtroom — and who limits his practice exclusively to Broward County.

• Avvo 10.0 Superb Rating — Avvo’s highest designation
• Justia 10.0 Rating — perfect score on one of the nation’s leading legal directories
• Martindale-Hubbell AV Preeminent® Rating — the highest peer review distinction in the legal profession, reflecting the assessment of fellow attorneys and members of the judiciary for both ethical standards and legal ability
• 200+ five-star client reviews
• Exclusive Broward County practice
• Supported by a legal team — Dave handles your case personally, not a paralegal or associate
• Extensive courtroom and trial experience
• Regular appearances before Broward County Court judges

Our goal is to pursue the strongest available resolution while preparing every trespass case for trial when the circumstances call for it. Whether you are facing a misdemeanor or felony trespass charge, Dave builds a defense around the facts of your case and works to protect your record, freedom, and future.

What Does a Broward County Prosecutor Have to Prove to Convict You of Trespass?

A trespass arrest is only an accusation. The precise elements depend on the type of trespass charged, but the State must prove every required element beyond a reasonable doubt. Depending on the charge, prosecutors may need to establish that:

• You willfully entered or remained on the property. 
• The property was owned or lawfully possessed by someone else. 
• You lacked authorization, license, or invitation to be there, or remained after permission was withdrawn. 
• You received legally sufficient notice not to enter or remain when the charged offense requires such notice. 

If the evidence fails to establish even one required element beyond a reasonable doubt, the State cannot lawfully obtain a conviction. A strong trespass defense starts by identifying those gaps early and challenging the evidence the prosecution relies on to fill them.

Trespass Cases We Handle Across Broward County

At the Law Offices of Dave L. Simmons, P.A., our Broward County trespass lawyer defends clients facing a wide range of trespass charges in Florida. These cases often arise from situations such as:

• Retail and business trespass after a store or business issues a no-trespass warning 
• Residential trespass after a breakup or dispute when one person returns to a former or shared residence, including to retrieve belongings 
• Trespass allegations connected to an injunction or restraining order 
• Trespass on school grounds, college campuses, or government property 
• Trespass at the Seminole Hard Rock Hotel & Casino in Hollywood or at another hotel, bar, nightclub, or entertainment venue after being directed to leave 
• Trespass on vacant land, posted property, or construction sites 
• Trespass charged alongside shoplifting or theft allegations following an incident at a retail business 
• Trespass arising from a domestic dispute that may also involve battery or other domestic violence allegations 

When Can Trespass Become a Felony Charge?

Most trespass cases are charged as misdemeanors. However, being armed with a firearm or other dangerous weapon during the offense elevates trespass to a third-degree felony. Florida law also makes trespass a third-degree felony on certain specially designated and properly posted properties, including qualifying construction sites, commercial horticulture properties, agricultural research sites, and certified domestic violence centers. 

What Are the Penalties for a Trespass Conviction in Florida?

The potential penalties depend on where the trespass occurred, whether another person was present, whether a weapon was involved, and whether the property falls into a specially protected category.

• Second-degree misdemeanor. Trespass in a structure or conveyance when no other person is present is punishable by up to 60 days in jail and a $500 fine. 
• First-degree misdemeanor. Trespass in a structure or conveyance when another person is present, or most trespasses on property other than a structure or conveyance are punishable by up to one year in jail and a $1,000 fine. 
• Third-degree felony: Armed trespass and certain trespass offenses involving specially designated properties are punishable by up to five years in prison and a $5,000 fine.

The Consequences That Outlast the Sentence

Jail is often not the part that hurts most. A trespass conviction creates a permanent record that follows you into these aspects of your life:

• Employment. A criminal record can show up on background checks for jobs you apply for, including retail, hospitality, and casino jobs.
• Housing. Rental applications may be denied or flagged by property management and landlord screenings.
• Professional licensing. You could be required to report a charge or conviction that could affect your professional license or result in discipline in regulated fields.
• Education. You could face the loss of scholarships and campus disciplinary consequences.
• Immigration status. If you are a non-citizen, your immigration status may be jeopardized, particularly where other charges accompany the trespass.

Clearing your criminal record becomes far more difficult once a conviction is on the books, which is why having our trespass attorney defend you during the first few weeks of your case matters so much.

How a Broward County Trespass Lawyer Defends Your Case

Trespass cases can turn on details that are easy to overlook. Your case deserves individual attention and a defense built around the specific facts. Here are ways attorney Dave Simmons may defend you.

Challenging Notice and Authorization

Notice can be a critical issue in a trespass case. Was a warning actually given? Did someone with the authority to do so give it? Was the property posted or fenced as required by Florida law? Did a lease, ownership interest, or other legal right authorize you to be there?

Attacking Willfulness

Florida trespass laws require willful conduct. An accidental entry, a mistaken understanding of a property line, or a reasonable belief that you had permission to enter may raise questions about whether your conduct was willful.

Reaching the Prosecutor Before Charges Are Filed

An arrest does not necessarily mean the State Attorney will pursue the case as arrested. Before formal charges are filed, there may be an opportunity to present witnesses, photographs, text messages, lease documents, or other evidence that may support a decision not to file charges.

Defenses Raised in Florida Trespass Cases

Our trespass lawyer may also raise these issues as part of a strategic defense strategy:

• Consent, whether express or implied
• Lack of adequate notice or improper posting
• A legal right to be on the property
• Mistaken identity or unreliable identification
• An unlawful stop, detention, or search, or other violations of your constitutional rights
• Credibility problems or conflicting accounts from the complaining witness

Can a Florida Diversion  Program Help Protect Your Record and Future?

First-time offenders facing trespass charges in Broward County may be eligible for a pretrial diversion or intervention program, depending on the charge, their criminal history, and the circumstances of the case. Successful completion may result in dismissal of the charge and could leave you eligible to seek sealing or expungement of the record under Florida law. 

Talk to a Broward County Trespass Lawyer in Fort Lauderdale Today

You do not have to guess your way through defending against trespass charges. Fill out our Fort Lauderdale contact form or call our Fort Lauderdale office at 954-765-3540 for a confidential consultation about your Florida trespass charges. We proudly serve clients in Fort Lauderdale, Hollywood, Davie, Plantation, Pembroke Pines, Coconut Creek, Coral Springs, Lauderhill, Deerfield Beach, and surrounding Broward County communities.

Frequently Asked Questions About Trespass Charges in Broward County

Is trespassing a felony in Florida?

Usually not. Most trespass offenses are misdemeanors, but trespass can become a third-degree felony if you are armed with a firearm or other dangerous weapon or if the offense involves certain specially protected properties.

Can I be arrested for trespassing at a store I have visited before?

Yes. A business can withdraw permission for you to enter or remain on its property. Returning after receiving a lawful no-trespass warning may result in a trespass charge, even if you had been allowed to shop there in the past.

Do no-trespassing signs have to be posted a certain way?

Yes, in cases where the State relies on a posted notice. Florida law sets specific requirements for signs used to provide notice against entering certain property, and inadequate posting may be relevant to the defense.

What if I were only picking up my belongings?

Having belongings at a property does not automatically give you the right to enter. However, a lease, ownership interest, permission from someone authorized to give it, or other evidence of a legal right to be there may be important to your defense.

Will a trespass arrest show up on a background check?

It can. In Florida, an arrest record generally remains part of your criminal history even if the charges are later dropped or dismissed. However, you may be eligible to seek sealing or expungement depending on the outcome and your criminal history.

How quickly should I contact a lawyer?

Contacting attorney Dave Simmons soon after an arrest can give him more time to review the evidence, preserve helpful information, and determine whether there is an opportunity to address the case before formal charges are filed.