Possible Misdemeanor Charge for Romantic Couple Caught Trespassing
Gainesville Police arrested two people when it was alleged that they were trying to get through the door and rear window of what they believed to be an empty house. The intention was to participate in sexual activities. The two have been named John Thomas, 18 and Carise Duncan, 24. They were stopped in their tracks by the owners who were in the house at the time. They called the police then hid themselves in the bathroom.
The police officer who arrived at the scene handcuffed Duncan and reported that he had to restrain her as she attempted to escape. Also, once she was in the vehicle she kicked at the window and, when apprehended, hit the policeman in the face. Both Duncan and Thomas were charged with trespassing,while Duncan was also charged for battery and resisting a police officer.
In Florida, there are quite severe penalties for trespassing on private property, even if the trespassers think the property was vacant. If it is a residential property any person needs implied consent from the owner before entering the property. Commercial private property falls into a different category and includes department stores, grocery stores, golf courses, restaurants amusement parks, golf courses and movie theaters to name a few.
There are some Florida personnel that are immune from trespassing charges which include meter readers, fire fighters and police officers when they need to enter private property as part of their duties.
Anyone caught trespassing in Florida without implied consent can expect to face a 2nd degree misdemeanor charge and sometimes this can turn into first degree misdemeanor if there was someone present in the building when the trespassing took place. A 2nd degree misdemeanor conviction could mean a jail term of up to 60 days, 6 months on probation and a fine of $500. A 1st degree misdemeanor conviction could mean up to 12 months in jail, 1 year on probation and fine of $1,000. In some circumstances trespassing could be a 3rd degree felony if the trespasser was in possession of a gun or other deadly weapon. The punishment for this could be a 5 year term in jail.
Apart from people who are permitted to trespass in the course of their duty, if a person is caught allegedly trespassing but has been legally on the property before consent could be considered implied this could mean the person was not a trespasser and can’t be charged as one. These are the sorts of things a Florida criminal defense attorney would be looking at when defending a person charged with trespass.
If you are facing a trespassing charge, you should contact a Miami criminal defense lawyer who will help to get your charge reduced or dismissed altogether if the right evidence can be found.
There is more to this case than trespass as Duncan is being charged for allegedly resisting arrest with battery. This is classified as a 3rd Degree Felony and is a Level 5 offense under the criminal punishment code in Florida.
The penalty for such an offense is severe with a possible prison term lasting 5 years, A 5 year probation period and fines of less than $5,000. Duncan will certainly need an experienced Florida criminal defense attorney to investigate thoroughly the charges leveled against her.
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If you have any questions about this or any other criminal accusation, call Miami Criminal Defense Lawyer Albert Quirantes at: 305-644-1800 or visit our homepage www.CriminalDefendant.com for a direct link to the office or a text message or a map and directions to our office.