Free Criminal Case Review
Start Your Path To Justice Now.
There were more than 900 juvenile trespassing arrests in Florida in the most recent fiscal year. That’s down considerably from the 2017-18 fiscal year, but has been increasing steadily since 2020. The 4th Judicial Circuit, which includes Duval County, had the second-highest number of juvenile trespassing arrests among the state’s 20 judicial circuits.
Juvenile trespassing charges can carry serious consequences, which will depend in part on the type of trespassing and in part on the juvenile’s age, prior contact with the juvenile justice system and other factors. If your child has been accused of trespassing, you should speak with an experienced juvenile trespassing lawyer right away.
Why Choose Matthew Lufrano as Your Jacksonville Juvenile Trespassing Lawyer?
Juvenile law attorney Matthew Lufrano has dedicated his entire legal career to fighting for juveniles and adults accused of crimes and offenses in Florida. He has in-depth knowledge of the elements of trespassing and related crimes, has extensive experience in both the juvenile and adult criminal courts in and around Jacksonville, and knows how to investigate your case and identify weaknesses that give you leverage.
He is committed to finding the best possible solution for your child, whether that means negotiating for a diversion that will allow them to avoid an adjudication, working out a favorable plea agreement, or fighting the allegations at trial.
To learn more about how Lufrano Legal can help your family in this difficult time, call (904) 513-3905 or fill out our contact form right now.
Trespassing Overview
What is Juvenile Trespassing?
In Florida, trespass in a structure or conveyance and trespass to property other than a structure or conveyance are separate crimes. However, the basic elements of the crime are similar: entering onto or remaining on or in property without authorization or after being asked to leave.
The seriousness of trespassing charges varies depending on several factors. For instance:
- Trespassing in a structure is a low-level misdemeanor if the structure is unoccupied, but the crime is elevated to a misdemeanor in the first degree if there is a person in the structure
- If the person accused of trespassing is armed with a dangerous weapon, the crime is a felony
- Trespassing on certain types of property, such as a construction site or agricultural research site, is a felony if the property is properly posted
In juvenile court, children are alleged delinquent rather than charged with misdemeanors or felonies. However, the classification of the offense if it had been committed by an adult can have a significant impact on the juvenile case and perhaps on future juvenile arrests and proceedings.
The list above covers just a few examples of the many variables that can impact the seriousness of the allegations. The best way to find out more about the specific allegations against your child is to speak to an experienced juvenile trespassing attorney right away.
Who Can Be Charged with Juvenile Trespassing
Generally, anyone who was under the age of 18 when the alleged trespassing took place will be charged in the juvenile justice system. Since trespassing alone is not a serious crime, it would be very unusual for the prosecution to attempt to move the case to adult court. However, it is possible for the prosecutor to direct file in adult court under certain narrow circumstances. If your child is 16 or 17 and has prior delinquency adjudications, you should discuss this possibility with your juvenile trespassing lawyer.
Common Juvenile Trespassing Incidents
While a juvenile may be charged with trespassing in a wide range of circumstance, some common examples include:
- Entering a store or other public place they have been banned from, or remaining after being asked to leave by the person in charge of the property
- Being in an otherwise public place during hours when the space is closed to the public, such as a closed school building or a public park that has posted closing hours
- Cutting across someone else’s property when they have been told not to by the property owner or when the property is posted “no trespassing”
It’s important to note that authorization to be on the property must come from someone who has the authority to grant that permission. For example, if one teenager is visiting another teen at home and the parents who own the home ask the visitor to leave and they refuse to do so, they could be charged with trespassing despite the teen resident having invited them.
Available 24 / 7 Whenever You Need Us
Top Criminal Attorney in Jacksonville
Need an experienced criminal law firm in Jacksonville? Contact Lufrano Legal today to schedule your free initial consultation.
Juvenile Trespassing Defense
Defending Against Juvenile Trespassing Charges
The best defense against juvenile trespassing charges will depend on the circumstances that led to the charge, the evidence, and even the juvenile’s prior contacts with the juvenile justice system. Your juvenile lawyer can explain in greater detail what options are available in your child’s case and what approach they would recommend.
One of the most effective means of defending against trespassing charges is to show that the juvenile did not know they were not allowed to be on the property. Some examples where lack of knowledge/intent may offer a defense include:
- A teen who unknowingly crossed from a public forest onto private property that wasn’t clearly posted
- A teen visiting a friend while their parents were out of town, but was unaware that the parents had prohibited visitors
- A teen who remained in a building such as a school building after an activity not realizing that the building was closed or that they no longer had permission to be there
For some types of trespassing, there are very specific posting requirements.
In some cases, your juvenile attorney may recommend entering into an agreement, such as a diversion program that will allow your child to avoid an adjudication if they successfully complete probation.
Talk to a Juvenile Defense Attorney
Call Us Today for a Free Consultation
The juvenile court system is less formal than the adult criminal court system, and you’ll probably hear that the whole “team” is looking for the solution that’s best for your child. You can’t afford to be lulled into a false sense of security. Juvenile adjudications can have lasting consequences. Make a consultation with an experienced juvenile trespassing attorney your first step.
Call us today at (904) 51303905 or fill out our contact form right now.