Florida Trespassing Penalties (2026)

Criminal trespassing charges charges in Florida: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing trespassing charges in Florida, consult a licensed Florida criminal defense attorney.

Florida Trespassing Penalties

OffensePenalty
First Offense1st degree misdemeanor: up to 1 year, $1,000 fine
Second Offense3rd degree felony if armed or after warning

FL Stat §810.08

Trespassing Statute of Limitations in Florida

In Florida, the statute of limitations for theft and property crimes is generally 3 years.

See all Florida statutes of limitations →

Defending Against Trespassing Charges in Florida

Common defenses in Florida trespassing cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Florida criminal defense attorney for advice.

Related Florida Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication