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TRES4001 Trespass on Prop Other Than Structure or Conveyance
Trespass on Property Other Than a Structure or Conveyance (TRES4001) Defense Lawyer
Law Office of W.F. Casey Ebsary Jr. | Tampa, Florida Criminal Defense Attorney
Arrested for Trespassing in Hillsborough County? We Can Help.
If you are facing charges for Trespass on Property Other Than a Structure or Conveyance under Florida Statute § 810.09(1)(a)2.a (charge code TRES4001), you need an experienced defense attorney. This offense is a first-degree misdemeanor in Florida, punishable by up to one year in jail, one year of probation, and a $1,000 fine. Even a misdemeanor conviction can cause lifelong problems with employment, housing, and reputation.
At the Law Office of W.F. Casey Ebsary Jr., we defend people accused of trespassing across Tampa and Hillsborough County. Our goal is to protect your freedom and your future — starting immediately.
👉 Click here to schedule a free consultation now.
What Is Trespass on Property Other Than a Structure or Conveyance?
Under Florida law, trespassing can happen if someone:
- Willfully enters or remains on land that is not a building or vehicle,
- After being properly warned or notified not to enter or stay.
Warnings can be communicated through:
- Verbal commands,
- Posted “No Trespassing” signs,
- Fencing or obvious barriers.
If you stay or return after being told to leave, you can be charged under Florida Statute § 810.09.
TRES4001 Penalties – Hillsborough County Jail Code
| Offense | Level | Maximum Penalties |
|---|---|---|
| Trespass on Property Other Than a Structure or Conveyance | First-Degree Misdemeanor | 1 year in jail, 1 year probation, $1,000 fine |
Top Defenses to Trespass Charges in Florida
If you were charged under TRES4001 or § 810.09, strong defenses may apply:
- No Proper Notice: Property was not clearly marked or warnings were not legally sufficient.
- Consent: You had permission, explicit or implied, to be on the property.
- Mistake of Fact: You believed in good faith that you had a right to be there.
- No Criminal Intent: You lacked the willful intent required by law.
- Unlawful Arrest: Officers violated your rights during arrest or investigation.
Each case is unique — and a custom defense strategy makes all the difference.
Frequently Asked Questions (FAQs) about Florida Trespass Charges
Frequently Asked Questions (FAQs) about Florida Trespass Charges
Yes. Although trespassing is a first-degree misdemeanor under Florida Statute § 810.09, it is still considered a criminal offense that can carry significant consequences. If convicted, you could face up to one year in jail, one year of probation, and a $1,000 fine. Additionally, a misdemeanor conviction can have long-lasting effects on your record, potentially making it harder to find employment, secure housing, or obtain professional licenses.
If there were no proper notices or “No Trespassing” signs on the property, this could serve as a valid defense. According to Florida Statute § 810.09, trespassing charges often depend on whether or not a person was given appropriate warning. Without visible and clear warnings, you may not have been adequately notified that you were trespassing. Your defense lawyer may be able to challenge the evidence or dismiss the charges entirely based on this defense.
Yes, it is possible for your trespass charge to be dismissed or reduced. There are several potential defenses available, such as lack of notice, lack of criminal intent, or mistake of fact. In some cases, you may also qualify for a diversion program or other forms of alternative sentencing. If you are a first-time offender, you might be able to avoid a conviction entirely. An experienced defense attorney will evaluate your case to find the best way to reduce the charges or have them dismissed.
It is always recommended to exercise your right to remain silent when questioned by law enforcement. Anything you say to the police can be used against you in court. Speaking to police without an attorney present could severely impact your defense. It’s best to wait until you have legal representation to ensure your rights are protected. If you’ve been charged with trespassing, contacting an attorney from Law Office of W.F. Casey Ebsary Jr. is the first step to ensure your best chance of a favorable outcome.
Attorney Casey Ebsary is a Board-Certified Criminal Trial Lawyer with extensive experience defending clients charged with criminal offenses in Tampa and Hillsborough County. He has a proven track record of successfully defending clients against misdemeanors and felonies, including trespassing charges. From challenging the evidence to negotiating with prosecutors or even taking your case to trial, Casey Ebsary is committed to providing strong and aggressive defense. His extensive background, including former prosecutor experience, equips him with the skills to handle your case with the dedication it deserves.
Why Hire the Law Office of W.F. Casey Ebsary Jr.?
- Board Certified Criminal Trial Lawyer
- Former Prosecutor with in-depth legal expertise
- Decades of Experience in criminal defense
- Personalized Legal Representation for every client
- Proven Success in defending clients against misdemeanor and felony charges
When you hire the Law Office of W.F. Casey Ebsary Jr., you gain access to aggressive, strategic, and compassionate representation. Attorney Ebsary takes the time to understand your unique case and works tirelessly to obtain the best possible result. Whether you’re facing a trespassing charge or any other criminal matter, Casey Ebsary will fight to protect your rights and your future.
Contact a Tampa Trespass Defense Lawyer Today
If you’ve been charged with Trespass on Property Other Than a Structure or Conveyance (TRES4001), don’t delay in getting legal help. A conviction for trespassing can lead to serious consequences, including jail time, fines, and a permanent criminal record.
Call Us at 813-222-2220
Contact the Law Office of W.F. Casey Ebsary Jr. today to schedule a free consultation and learn how we can help defend you. We are committed to providing you with personalized, experienced, and effective legal representation.
👉 Call us now at (813) 222-2220 or schedule your free consultation.
Let us guide you through this difficult process and work to get the best possible outcome for your case.
Original Post from 2010 Updated to 2025
If you have been charged with TRES4001 TRESPASS ON PROP OTHER THAN STRUCTURE OR CONVE (Trespass on Property other than Structure or Conveyance) you can call a Tampa Criminal Defense Lawyer at (813) 222-2220 and tell your story.
Form Code: TRES4001
Florida Statute: 810.09.1A2A
Level: Misd (Misdemeanor)
Degree: 1st
Description: TRESPASS ON PROP OTHER THAN STRUCTURE OR CONVE
TRES4001 TRESPASS ON PROP OTHER THAN STRUCTURE OR CONVE (Trespass on Property other than Structure or Conveyance) one of the most commonly charged offenses in Hillsborough County, Florida.
Title XLVI CRIMES
Chapter 810 BURGLARY AND TRESPASS
810.09 Trespass on property other than structure or conveyance.
(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:
1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or
2. 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, commits the offense of trespass on property other than a structure or conveyance.