Trespassing is the criminal act of passing onto someone else’s property after being issued a verbal or written warning to not enter. Likewise, a person can be arrested for trespassing if he or she is asked to leave a person’s property and refuses, even if the person was originally granted access to the premises. Typically, trespassing is classified as a second-degree misdemeanor. If a person is armed while trespassing, however, he or she may be charged with the more severe offense of armed trespass.
What is Armed Trespass?
Armed trespass is the act of trespassing while carrying a firearm or other dangerous weapon. Even if the trespasser does not draw the weapon and has no intent to use it, he or she may still be arrested for the offense. This is a more severe form of criminal trespass and therefore carries a more severe sentence. In the state of Florida, for example, trespassing with a weapon is prosecuted as a third-degree felony.
Charges and Penalties
Almost any felony conviction requires a prison term, and armed trespass is no exception. The penalties for a third-degree felony in Florida include:
Up to 5 years in prison
Up to $5,000 child discipline laws california in fines
Probation local government association
A combination of these
In addition, if a firearm was pulled on a person while trespassing, the offense may qualify for Florida’s 10-20-Life law. This statute states that anyone who pulls a gun on a person during the commission of a crime receives an automatic sentence of 10 years in prison.
For More Information
Clearly, even a single armed trespass conviction can have severe consequences on a person’s personal and professional life.