Orlando Lawyers - Criminal Defense - Disorderly, Trespass and Resisting Arrest

ORLANDO LAWYERS - CRIMINAL DEFENSE, DIVORCE, DUI & PERSONAL INJURY

DISORDERLY, RESISTING ARREST & TRESPASS INFO:
Arrests for these offenses occur frequently in the Central Florida
area. Although, there are a number of different scenarios for these
types of charges, many cases of disorderly, resisting and trespass
occur at bars and clubs when the accused does not immediately
comply with the officers requests. There are defenses to the
charges that may be available to you though, and even in cases
involving overwhelming evidence of guilt, a properly prepared
defense can significantly reduce the penalties you receive.

At our Orlando law firm, we've handle hundreds of cases involving
disorderly, resisting and trespass. Call us today at (407) 648-5255
for a Free Case Review of your individual situation

The following section provides general information about disorderly, resisting and trespass:

Disorderly Intoxication - This law states that no person shall be intoxicated and endanger the
safety of another person or property, and that no person shall be intoxicated or drink any alcoholic
beverage in a public place or in or upon any public conveyance and cause a public disturbance.
This offense is a second degree misdemeanor punishable by up to 60 days in the county jail.

In addition, any person who has been convicted or has forfeited collateral under this offense three
times in the preceding 12 months shall be deemed a habitual offender and may be committed by
the court to an appropriate treatment resource for a period of not more than 60 days.

Disorderly conduct - Involves a person committing such acts that are of a nature to corrupt the
public morals, or outrage the sense of public decency, or affect the peace and quiet of persons
who may witness them. A person can also commit this offense by engaging in brawling or
fighting, or engaging in such conduct that constitutes a breach of the peace. This offense is a
misdemeanor of the second degree punishable by up to 60 days in the county jail.

Resisting Arrest - The criminal offense of Resisting Arrest can fall into one of two categories:
resisting Without violence and resisting With violence. In the following sections, we will discuss
the differences between these categories.

Resisting Arrest without Violence occurs when an individual resists, obstructs, or opposes any
officer, personnel or representative of the Department of Law Enforcement without offering or doing
violence to the person of the officer. The offense of Resisting Arrest without Violence is a first
degree misdemeanor punishable by up to 1 year in the county jail.

In many cases, the offense of Resisting Arrest without violence is charged when a person fails to
immediately comply with the officers orders. Some officers take this to an absurd level in charging
this offense.

Resisting with violence occurs when an individual knowingly and willfully resists, obstructs, or
opposes any officer or representative of the Department of Law Enforcement by offering or doing
violence to the person of such officer or legally authorized person. The offense of Resisting Arrest
with violence is a third degree felony punishable by up to 5 years in state prison.

In some cases, a person may find themselves arrested for simply placing a hand on the officers
person.

Trespass (Structure or Conveyance) - In cases that involve a structure or conveyance, trespass
occurs when a person without being authorized, licensed, or invited, willfully enters or remains in
any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the
owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and
refuses to do so.

Generally, trespass in a structure or conveyance is a misdemeanor of the second degree
punishable by up to 60 days in the county jail, however:

If there is a human being in the structure or conveyance at the time the offender trespassed, the
trespass in a structure or conveyance is a misdemeanor of the first degree punishable by up to 1
year in the county jail.

If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with
such while in the structure or conveyance, the trespass is a felony of the third degree punishable
by up to 5 years in State Prison.

Trespass (Property other than a Structure or Conveyance) - In cases involving property other
than a structure or conveyance, trespass occurs when a person without being authorized,
licensed, or invited, willfully enters upon or remains in any property other than a structure or
conveyance (As to which notice against entering or remaining is given, either by actual
communication to the offender or by posting, fencing, or cultivation) or if the property is the
unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an
offense thereon, other than the offense of trespass.

Generally, trespass on property other than a structure or conveyance is a misdemeanor of the first
degree punishable by up to 1 year in the county jail, however:

If the offender is armed with a firearm or other dangerous weapon during the commission of the
offense of trespass, he or she is guilty of a felony of the third degree punishable by 5 years in State
Prison.

If the property trespassed is a construction site or other property defined by Florida Statutes that is
legally posted and identified the offender commits a felony of the third degree punishable by 5
years in State Prison.

Trespass (Campus or School Property) - In cases involving campus or school property, trespass
occurs when a person who does not have legitimate business on the campus or any other
authorization, license, or invitation to enter or remain upon school property; or is a student currently
under suspension or expulsion; and who enters or remains upon the campus or any other facility
owned by any such school.

Generally, trespass on a campus or school property is a misdemeanor of the second degree
punishable by up to 60 days in the county jail, however:

If the person enters or remains upon the campus or other facility of a school after the principal of
such school, or his or her designee, has directed such person to leave or not to enter upon the
campus or facility, they commit a misdemeanor of the first degree punishable by up to 1 year in the
county jail.

If the person who is trespassing upon school property brings onto, or possess on, such school
property any weapon it is a felony of the third degree punishable by up to 5 years in State Prison.

Call us today at (407) 648-5255 to speak directly with an Orlando Criminal Defense Attorney about
your individual situation.

For more information about some of the criminal charges we provide representation on,
please visit the links below:

The hiring of an attorney is an important decision which should not be based solely on advertisements. The information presented at this site is not legal
advice, and does not create an attorney-client relationship. This site is designed to provide only general information. The facts of your case are unique,
and you should consult an attorney for advice regarding your individual situation. We invite you to contact us to speak with an Orlando DUI Lawyer at your
earliest convenience to schedule a consultation.

WILSON

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