Trespass is the least serious of the core property charges and the one most often overcharged or tacked onto something larger. In most forms it is a misdemeanor, and the key to defending it is the same fact that separates it from burglary: trespass requires no intent to commit a crime inside.
The Kinds of Trespass, and Their Degrees
Florida splits trespass across several statutes, by where it happened, whether anyone was present, whether a weapon was involved, and whether it was on school grounds.
| Situation | Statute | Degree |
|---|---|---|
| Structure or conveyance, no one inside | 810.08 | Second-degree misdemeanor |
| Structure or conveyance with a person inside | 810.08 | First-degree misdemeanor |
| Armed with a firearm or dangerous weapon | 810.08 or 810.09 | Third-degree felony |
| Land or property other than a structure | 810.09 | First-degree misdemeanor |
| School grounds, no authorization | 810.097 | Second-degree misdemeanor |
| School property with a weapon or firearm | 810.095 | Third-degree felony |
Trespass needs no intent to commit a crime inside, which is the line between trespass and burglary. Statutes and holdings last verified June 2026.
I began as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, where property cases move in volume and the State counts on no one pushing back. Almost every one of these charges turns on two things the prosecutor has to prove, intent and value, and both are softer than they look. I know how the State builds a property case and where the proof tends to fall apart, on the value of what was taken or damaged, on whether the intent was ever really there, and on the search that produced the evidence. Learn more about my background.
Trespass Is Not Burglary
The single most important point in these cases is the line between trespass and burglary. Trespass is being somewhere you are not authorized to be, or staying after a warning to leave. Burglary adds the intent to commit a separate offense at the time of entry or remaining. Because trespass carries no such intent requirement, it stays at the misdemeanor level in almost every form, while the same conduct charged as burglary is always a felony. When the State overreaches and charges a burglary it cannot support, the correct result is often a trespass.
That misdemeanor character has consequences beyond the penalty. In Montgomery v. State, 291 So. 3d 170 (Fla. 2d DCA 2020), a Hillsborough County case, the court held that trespass is not a felony and that even armed trespass is not a forcible felony. That distinction matters to self-defense, because it means a trespass cannot be used as the independent forcible felony that would otherwise defeat a claim of self-defense, and the court reversed an aggravated battery conviction where the jury was wrongly told otherwise.
How I Defend a Trespass Charge
I look first at authorization and notice: whether my client was licensed or invited, whether a required warning to leave was ever given, and whether the property was open to the public at the time. Identity and the lawfulness of the stop matter too. Where a weapon turns the charge into a felony, or where it is paired with a burglary or a weapons charge, those pieces are defended together so one count does not drag up the others.
Common Questions
Is trespass a misdemeanor or a felony?
Usually a misdemeanor. Trespass in a structure or vehicle with no one inside is a second-degree misdemeanor, and it rises to a first-degree misdemeanor if a person is inside. Trespass on land other than a structure is generally a first-degree misdemeanor. It becomes a third-degree felony if you are armed with a firearm or dangerous weapon, or on certain posted property.
What is the difference between trespass and burglary?
Intent. Trespass is being on property without authorization, or refusing to leave after a warning. Burglary adds a separate element: entering or remaining with the intent to commit an offense inside. Because trespass needs no intent to commit a crime, it is almost always a misdemeanor, while burglary is always a felony. The line between them is often where a case is won.
Do I have to be warned before I can be charged with trespass?
In many situations, yes. For a place you were invited into, or for open land, the offense usually depends on a warning to leave or on notice such as posting, fencing, or a sign, after which you remained or returned. If there was no authorization to begin with, no warning is needed. Whether proper notice was given is a common and effective defense.
Can trespassing on school grounds be a felony?
It can. Plain trespass on school grounds without authorization is a second-degree misdemeanor, and remaining after the principal directs you to leave is a first-degree misdemeanor. But bringing or possessing a weapon or firearm while trespassing on school property is a third-degree felony under section 810.095, a serious charge that is treated very differently.
What are the defenses to a trespass charge?
The common defenses are authorization, lack of notice, and a place open to the public. If you were licensed or invited to be there, or never received a warning to leave where one was required, or the property was open to the public at the time, the offense may not be made out. Mistaken identity and an unlawful detention are also defenses worth examining.
Related: Property crimes overview, Burglary, Possession of burglary tools, and Weapons charges.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Property offenses are governed mainly by chapters 810, 806, and 817, Florida Statutes, and the degrees and value thresholds change, so they should be confirmed against current law. Every case turns on its own facts, and past results do not guarantee a similar outcome.
